UC-NRLF 


REVISION  OF  1921 


STATE  OF  MICHIGAN 


GENERAL  SCHOOL  LAWS 


COMPILED    UNDER    THE    SUPERVISION    OF 

CHARLES  J.  DELAND 

SECRETARY  OF  STATE 


BY  AUTHORITY 


Lansing,  Michigan 

Wynkoop  Hallenbeck  Crawford  Co. 

State  Printers 

1921 


EXCHANGE 


REVISION  OF  1921 


STATE  OF  MICHIGAN 


GENERAL  SCHOOL  LAWS 


COMPILED    UNDER    THE     SUPERVISION     OF 

CHARLES  J.  DELAND 

SECRETARY  OF  STATE 


BY  AUTHORITY 


Lansinp.   Michigan 

\V\nk<>(. p    n;i]lrii!.(vk   <'r;i\vford  Co. 

State  Printers 

1921 


-9  A 


EXCHANGE 


MEMBERS  OF  THE  STATE  BOARD  OF  EDUCATION. 

Term  expires 
Thomas  E.  Johnson,  Superintendent  of  Public  Instruction,  Secretary.  .June  30,  1923 

Allen  M.  Freeland,  Grand  Rapids June  30,  1923 

Frank   Cody,  Detroit June  30,  1925 

Frederick  Albert  Jeffers,  Painesdale June  30,  1927 


MEMBERS  OF  THE  BOARD  OF  REGENTS  OF  THE  UNIVERSITY. 


Thomas  E.  Johnson,  Superintendent  of  Public  Instruction,  ex-officio. 

Junius  Emery  Beal,  Ann  Arbor December  31,  1923 

Frank  Bruce  Leland,  Detroit December  31,  1923 

James   Orin   Murfin,   Detroit December  31,  1925 

William  Lawrence  Clements,  Bay  City December  31,  1925 

Benjamin   Sawtelle  Hanchett,   Grand  Rapids December  31,  1927 

Lucius  Lee  Hubbard,  Houghton December  31,  1927 

Victor  M.  Gore,  Benton  Harbor December  31,  1929 

Walter  Hulme  Sawyer,  Hillsdale December  31,  1929 

MEMBERS  OF  THE  STATE  BOARD  OF  AGRICULTURE. 

Thomas  E.  Johnson,  Superintendent  of  Public  Instruction,  cx-officio. 

Clark  L.  Brody,  Three  Rivers -. December  31,  1923 

Jason  Woodman,  Paw  Paw December  31,  1923 

Dora  Hall  Stockman,  Lansing December  31,  1925 

L.  Whitney  Watkins,  Manchester December  31,  1925 

John  A.  Doelle,  Marquette December  31,  1927 

Melville  B.  McPherson,  Lowell December  31,  1927 


t>77384 


CONTENTS. 


CONSTITUTIONAL  PROVISIONS. 

Sections. 

. — Finance   and    taxation 1-2 

Vrticle   XL— Education    3-17 

STATUTORY    PROVISIONS. 

Election  of  state  board  of  education 18 

Election  of  superintendent  of  public  instruction 18 

Primary  school  system — 

Superintendent  of  public  instruction 19-25 

Formation,  alteration,  meetings  and  powers  of  districts 26-45 

District   boards   and   officers 46-71 

Township  officers 72-86 

County  clerk  and   treasurer 87-89 

Bonded  indebtedness  of  districts 90-93 

Per  capita  tax  authorized,  certain  districts 94 

Suits  and  judgments  against  districts 95-101 

Sites    for  schoolhouses 102-116 

Appeals  from  action  of  township  board 117-119 

Graded  school  districts 120-125 

Libraries  126-138 

Penalties   and  liabilities 139-146 

Free  public  libraries 147-159 

County   libraries    160-163 

Boards  of  education  for  certain  cities 164-189 

Division  of,  or  changing  of  boundaries  of  primary  school  districts. .  190-191 

Consolidation  of  districts  in  annexed  territory 192-197 

Consolidation  of  districts  in  incorporated   city 198-206 

Division  of  city  school  districts  into  election  precincts 207-228 

llaneous  provisions  relative  to  education  in  the  schools- 
Free    text-books     229-234 

Regulating   sale,    etc.,   of   text-books 235-246 

System  of  humane  education 247-249 

K  indergarten  method    250-253 

Qualifications   of  kindergarten,  music  and  drawing  teachers....  254-256 

Teaching  of  dangerous  communicable  diseases 257-258 

Optional  course  of  military  training  in  high  schools 259-260 

Teaching  of   state  and  U.   S.   constitution 261-262 

Fire  drills  in  public  schools 263 

Publication  of  the  proceedings  of  annual  school  meetings 264-265 

Pun-huso  and  display  of  United  States  flag 266 

-IK. ting  days  to  be  observed  as  holidays  in  the  public  schools.  267-268 

Observance  of  Carleton  day  in  public  schools 269 

Returns    from    incorporated    institutions 270 

State   teachers'   certificates 271-277 

Granted  only  to  citizens  of  United  States 278 

Supervision  of  private,  etc.,  schools 279-285 


CONTENTS. 


Sections. 

County  commissioners  and  school  examiners 286-297 

Examination  of  candidates  for  admission  to  agricultural  college 298-299 

Meeting  of  school  officers  of  county 300-302 

Township  school  districts 303-328 

Township  school  districts  in  upper  peninsula 329-344 

Change  to  primary  school  district 345-347 

Boundaries  of  school  districts  in  cities 348-351 

Changing  boundary  of  certain  township  districts 352-355 

Classification  of  certain  school  districts 356-382 

Powers  of  board  of  education  in  certain  districts 383-397 

Teachers'  institutes    398-405 

Bureau  of  information  in  office  of  superintendent  of  public  instruction. .  406-407 

Compulsory    education    408-413 

Compulsory  education  of  deaf  children 414-416 

Compulsory  education  of  blind  children 417-418 

Instruction,  etc.,  of  adult  blind  persons 419-422 

Care  and  instruction  of  blind  babies 423-427 

Miscellaneous  offenses^Crime  and  truancy — Delinquency  of  children..  428-431 

Protection  of  children 

Employment  of  children 

Fraternities,  sororities,  etc.,  among  public  school  pupils,  abolished 434-436 

Teachers'  associations 437-439 

Retirement  fund  for  teachers   

State  accounts — Safe  keeping  of  public  moneys 454-461 

State  board  of  education 462-479 

State  normal  schools 480-489 

Physical  training  in  public  schools 490-493 

Providing  for  physical  training  in  state  normal  schools  and  certain  city 

districts 494 

Providing  advanced  courses  of  study  to  high  school  graduates  in  certain 

districts 495 

Granting  of  diplomas  by  state  board  of  education  in  connection  with 

state  normal  schools 496 

Loan  funds  for  students 497-503 

State  library  commission 504-506 

Publication  and  distribution  of  laws  and  public  documents 507-511 

Rural  high  schools 512^519 

Annual  reports  by  librarians 

Payment  of  tuition  of  eighth  grade  pupils 522-525 

Payment  of  tuition  outside  of  district 526 

Children  of  indigent  parents,  attendance  at  school  provided  -for 

County  normal   training  classes '. 531-537 

School  districts  empowered  to  establish  trade,  etc.,  schools  and  accept 

gifts,    etc 538-539 

Control,  etc.,  of  certain  college  of  medicine  and  surgery 540-546 

Certain    proceedings    validated 547 

Acquisition  of  lands  outside  district  limits  for  trade  schools,  athletic 

fields,    etc 548 

County  schools  of  agriculture,  manual  training,  etc 549-558 

Rural   agricultural    schools,    establishment 559-578 

Promoting  agricultural  interests  of  the  state 579 

Legislative  assent  to  grant  of  moneys  from  U.  S 580-591 

Vocational,  etc.,  education  for  certain   minors 592-595 

Day  schools  for   the  deaf 59-6-601 

Payment    of    sub-contractors 602-605 

Cities  of  the  fourth  class — School  districts,  and  board  of  education...'.  606-611 

Sale  of  tax  homestead  lands  for  school  sites 612 

Designating  sites  outside  of  certain  districts 613-614 

Approval  of  plans  for  school  buildings 615-619 


)NTENTS. 


Sections. 

:hool   bonds 620-636 

Voting,  etc.,  school  taxes  in  certain  cities 637-643 

Fire  protection  in  the  schools 

Establishment,  etc.,  of  highway  to  school  building 645 

Instruction  and  training  of  juvenile  delinquents 646-647 

Authorizing  operation  of  public  recreation  and   playgrounds 648-651 

Authorizing  use  of  schoolhouses  as  community  or  recreation  centers. . . .  652 

Providing  homes   for  teachers 653-655 

Salary  of  superintendent  of  public  instruction 656 


NOTE. — The  section  numbers  in  parentheses  (  ),  are  compiler's  sections,  and  are  con- 
secutive throughout  this  compilation.  Section  numbers  of  the  compiled  laws  of  1915  precede 
each  section,  and  are  indicated  by  the  section  mark  (§).  Notes  following  the  sections  indi- 
cate the  amendments,  supreme  court  decisions,  etc.  Annotated  with  supreme  court  decisions 
to  and  including  the  210th  Mich,  report.  The  character  /  is  used  in  citing  cases,  to  avoid  the 
repetition  of  Michigan. 


GENERAL 

SCHOOL  LAWS  OF  MICHIGAN 


CONSTITUTIONAL  PROVISIONS. 


I 


ARTICLE  X. 

:    AXD    TAXATION. 

1)     SECTION  1.    All  subjects  of  taxation  now  contributing  Primary 
lo  the  primary  school  interest  fund  under  present  laws  shall  fnSLt 
continue  to  contribute  lo  thai  fund,  and  all  taxes  from  such  fund- 
subjects  shall  be  first  applied  in  paying  the  interest  upon  the 
primary  school,  university  and  other  educational  funds  in  the 
order  herein  named,  after  which  the  surplus  of  such  moneys 
shall  be  added  to  and  become  a  part  of  the  primary  school 
interest   fund. 

-tatnte    is    not    unconstitutional     because    is    provides    that    the    funds 
secured    by    the    specific    tax    shall    bo    devoted    to    upbuilding    the    state    high- 
•i    that   It  infringes  the    provisions  of  section    1,   Art.    X,   of   the  consii- 
tution.    limiting    the    sources    of    contributions    to    the    primary    school    fund    to 
ill  at    purpose    alone. — Jasnowskl   v.    Board    of    Assessors,    191/2S8. 

i  -  >     SKC.  2.     The  legislature  shall  provide  by  law  for  an  ^J*efor 
animal  tax  sulVieient  with  other  resources  to  pay  the  estimat-  expense;. 
e<l    expenses   of   the   state  government,   the   interest  on   any 
state  debt  and  such  deficiency  as  may  occur  in  the  resources. 

1'i.di-r    the   sections    of    the    constitution    providing    for   uniformity   of   taxa- 
tion   and    conferring    power    on     the    legislature    to    levy    a    state    tax,    etc.,    on 
cash   valuation   of  property    (Art.   1<>.   §    tj   i_>.  ;>,.   7».   the  State  may  authorize  the 
\\    of  valuations  and 'assessments  by  the   board  of  state  tax  commissioners. 
Ceneral  v.  Board  of  Supervisors  of  Midland  county,  178/513. 

ARTICLE  XL 

EDUCATION. 

SD-TION  1.  Religion,  morality  and  knowledge  being  Kncoumge 
y  to  good  government  and  the  happiness  of  tnankind,  education. 
and  the  means  of  education  shall  forever  be  encouraged. 

It  was  the  intent  of  the  constitution  to  separate  the  school  organization 
from  the  general  municipal  government.  Though  municipal  corporations. 
organised  for  the  same  purposes,  with  like  powers  and  duties,  cannot  exist 
in  tin-  same  territory,  those  having  different  purposes,  rights  and  dutie>. 
may,  and  often  do,  occupy  the  same  territory. — Attorney  General  v.  Thomp- 
son, l»;s  .Ml.  Tin-  language  of  this  s.-ction  is  from  the  ordinance  of  1787. 
The  iva^crtion  of  this  doctrine  after  the  lapse  of  more  than  a  century  and 
a  quarter,  coupled  with  the  fact  that  legislation  in  this  state  upon  the  sub- 
ject  of  education  has  from  the  beginning  been  of  the  most  liberal  character, 
indicates  a  settled  purpose  on  the  part  of  the  state  to  provide,  foster  and 
protect  educational  facilities  for  all. — Dennis  v.  Wrigley,  175/021,  025. 


10 


STATE   OF  MICHIGAN. 


Superintend- 
ent of  public 
instruction. 


Term  of 
office. 


Duties. 


Regents  of 
university. 

Election. 
Vacancy. 


Name. 


President  of 
university. 


Supervision 
of  university. 


State 
board  of 
education. 


Powers 
and  duties. 


State 
board  of 
agriculture. 


(4)  SEC.  2.     A  superintendent  of  public  instruction  shall 
be  elected  at  the  regular  election  to  be  held  on  the  first  Mon- 
day in  April,  nineteen  hundred  nine,  and  every  second  year 
thereafter.     He  shall  hold  office  for  a  period  of  two  years 
from  the  first  day  of  July  following  his  election  and  until 
his  successor  is  elected  and  qualified.    He  shall  have  general 
supervision  of  public  instruction  in  the  state.    He  shall  be  a 
member  and  secretary  of  the  state  board  of  education.     He 
shall  be  ex-officio  a  member  of  all  other  boards  having  control 
of  public  instruction  in  any  state  institution,  with  the  right 
to  speak  but  not  to  vote.    His  duties  and  compensation  shall 
be  prescribed  by  law. 

(5)  SEC.  3.    There  shall  be  a  board  of  regents  of  the  uni- 
versity, consisting  of  eight  members,  who  shall  hold  the  office 
for  eight  years.    There  shall  be  elected  at  each  regular  bien- 
nial spring  election  two  members  of  such  board.     When  a 
vacancy  shall  occur  in  the  office  of  regent  it  shall  be  filled 
by  appointment  of  the  governor. 

(6)  SEC.  4.     The  regents  of  the  university  and  their  suc- 
cessors in  office  shall  continue  to   constitute  the  body  cor- 
porate known  as  "The  Regents  of  the  University  of  Michigan." 

(7)  SEC.  5.    The  regents  of  the  university  shall,  as  often 
as  necessary,  elect  a  president  of  the  university.     The  presi 
dent  of  the  university  and  the  superintendent  of  public  in- 
struction shall  be  ex-officio  members  of  the  board  of  regents, 
with  the  privilege  of  speaking  but  not  of  voting.     The  presi- 
dent shall  preside  at  the  meetings  of  the  board  and  be  the 
principal  executive  officer  of  the  university.    The  board  of  re- 
gents shall  have  the  general  supervision   of  the   university 
and  the  direction  and  control  of  all  expenditures  from  the 
university  funds. 

Under  this  provision  the  board  of  regents  has  independent  control  of  the 
affairs  of  the  university. — Regents  v.  Auditor  General,  167/444.  Neither  the 
legislature,  nor  any  officer  or  board  of  this  state,  may  interfere  wit  i  the 
control  and  management  of  the  affairs  and  property  of  the  university,  al- 
though in  making  appropriations  for  its  support  the  legislature  may  attach 
any  conditions  it  may  deem  expedient  and  wise,  and  the  appropriation  can- 
not be  received  without  complying  with  the  conditions. — lAgler  v.  Mich.  Agri- 
cultural College,  181/559. 

(8)  SEC.  6.    The  state  board  of  education  shall  consist  of 
four  members.     On  the  first  Monday  in  April,  nineteen  hun- 
dred nine,  and  at  each  succeeding  biennial    spring  election, 
there  shall  be  elected  one  member  of  such  board  who  shall 
hold  his  office  for  six  years  from  the  first  day  of  July  follow- 
ing his  election.     The  state  board  of  education  shall   have 
general  supervision  of  the  state  normal  college  and  the  state 
.normal  schools,  and  the  duties  of  said  board  shall  be  pre- 
scribed by  law. 

(9)  SEC.  7.     There  shall  be  elected  on  the  first  Monday 
in  April,  nineteen  hundred  nine,  a  state  board  of  agriculture 
to  consist  of  six  members,  two  of  whom  shall  hold  the  office 
for  two  years,  two  for  four  years  and  two  for  six  years.  At 


GENERAL  SCHOOL  LAWS.  11 


•  very  regular  biennial  spring  election  thereafter,  there  shall 
•e  elected  two  members  whose  term  of  office  shall  be  six  years. 
"he  members  thus  elected  and  their  successors  in  office  shall  Name. 
»e  a  body  corporate  to  be  known  as  "The  State  Board  of  Agri- 
ulture." 

(10)     SEC.  8.    The  state  board  of  agriculture  shall,  as  often  President  of 
is  necessary,  elect  a  president  of   the  agricultural   college,  ?fi?ege.tur 
vho  shall  be  ex-officio  a  member  of  (lie  board  with  the  privi- 
ege  of  speaking  but  not  of  voting.     He  shall  preside  at  the 
neetings  of  the  board  and  be  the  principal  executive  officer  of 
he  college.    The  board  shall  have  the  general  supervision  of  supervision 
the  college,  and  the  direction  and  control  of  all  agricultural  Ju 
college  funds;  and  shall  perform  such  other  duties  as  may  be 
prescribed  by  law. 


1 


Je 

E 


The  state  board  of  agriculture  has  exclusive  control  of  the  general  funds 
>f  Tli*-  Michigan  agricultural  college. — Bauer  v.  State  Board  of  Agriculture, 
I'M  iir,. 

Thf    constitutional   powers   of   the   state   board   of  agriculture   with    respect 
the   college   and   its   funds   are  the   same  as   those  of   the   board    of  regents 
the  university   with   respect   to   the   university   and   its   funds. — 'State  Board 
ulture   v.   Auditor  General,   ISO/349,   359  ;   Agler   v.   Mich.   Agricultural 
lollege,   181/559,  501.     See   note  to  section   7. 

(11)     SEC.  9.     The  legislature  shall  continue  a  system  of  Primary 
primary  schools,  whereby  every  school  district  in  the  state  system, 
shall  provide  for  the  education  of  its  pupils  without  charge 
'or  tuition;  and  all  instruction  in  such  schools  shall  be  con- 

cted  in  the  English  language.     If  any  school  district  shall 

gleet  to  maintain  a  school  within  its  borders  as  prescribed 
by  law  for  at  least  five  months  in  each  year,  or  to  provide  for 
the  education  of  its  pupils  in  another  district  or  districts  for 
an  equal  period,  it  shall  be  deprived  for  the  ensuing  year  of  its 
proportion  of  the  primary  school  interest  fund.  If  any  school 
district  shall,  on  the  second  Monday  in  July  of  any  year,  have 
on  hand  a  sufficient  amount  of  money  in  the  primary  school 
interest  fund  to  pay  its  teachers  for  the  next  ensuing  two 
ears  as  determined  from  the  pay  roll  of  said  district  for  the 
liool  year,  and  in  case  of  a  primary  district,  all  tuition 

r  the  next  ensuing  two  years,  based  upon  the  then  enroll- 
ment in  the  seventh  and  eighth  grades  in  said  school  district, 
the  children  in  said  district  shall  not  be  counted  in  making 
the  next  apportionment  of  primary  school  money  by  the 
superintendent  of  public  instruction;  nor  shall  such  children 
be  counted  in  making  such  apportionment  until  the  amount  of 
money  in  the  primary  school  interest  fund  in  said  district 
shall  be  insufficient  to  pay  teachers'  wages  or  tuition  as 
herein  set  forth  for  the  next  ensuing  two  years. 


I 

• 

I 


•  «  urrent    resolution    No.     1,    Public    Acts    of    1911,    pages 

7  S;    rat  ill.  il    April    .".    1H11. 


i  l_i      BBC.    H>.      The    legislature    shall    maintain    (lie    lllli*  ,,  n.  t() 

ersily,  ihe  college  of  mines,  the  state  agricultural  college,  the  tSaintahT 
slate  normal  college  and  such  state  normal  schools  and  Other  t 
ucational   institutions   as   may  be  established  by  law. 


STATE  QF  MICHIGAN. 


Disposition 
of  certain 
educational 
money. 


Escheats. 


Saltspring 
lands,  sale  of, 
for  benefit  of 
agricultural 
college. 


Township 
and  city 
libraries. 

Disposition 
of  fines. 


Charitable 
institutions. 


(13)  SEC.  11.     The  proceeds  from  the  sales  of  all  lands 
that  have  been   or  hereafter  may  be  granted  by  the  United 
States  to  the  slate  for  educational  purposes  and  the  proceeds 
of  all  lands  or  other  property  given  by  individuals  O'L'  appro- 
priated by  the  slate  for  like  purposes  shall  be  and  remain  a 
perpetual  fund,   the  interest  and  income  of   \vhich,   together 
with  the  rents  of  all  such  lands  as  may  remain  unsold,  shall 
be  inviolably  appropriated  and  annually  applied  to  the  specific 
objects  of  the  original  gift,  grant  or  appropriation. 

(14)  SEC.  12.    All  lands,  the  titles  to  which  shall  fail  from 
a  defect  of  heirs,  shall  escheat  to  the  state,  and  the  interest 
on  the  clear  proceeds  from  the  sales  thereof  shall  be  appro- 
priated exclusively  to  the  support  of  the  primary  schools. 

(15)  SEC.  13.     The  legislature  shall  appropriate  all  salt 
spring  lands  now  unappropriated,  or  the  money  arising  from 
the  sale  of  the  same,  where  such  lands  have  already  been  sold, 
and  any  funds  or  lands  which  may  hereafter  be  granted  or  ap- 
propriated for  such  purpose,  for  the  support  ami  maintenance 
of  the  agricultural  college. 

(16)  SEC.  14.    The  legislature  shall  provide  by  law  for  I  he 
establishment  of  at  least  one  library  in  each  township  and  city; 
and  all  fines  assessed  and  collected  in   the  several  counties, 
cities  and  townships  for  any  breach  of  the  penal  laws  shall  be 
exclusively  applied  to  the  support  of  such  libraries. 

(17)  SEC.   15.     Institutions   for  the  benefit  of   those  in- 
habitants wdio  are  deaf,  dumb,  blind,  feeble-minded  or  insane 
shall  always  be  fostered  and  supported. 


STATUTORY  PROVISIONS. 


Officers 
elected. 


Justices. 


Regents. 


Superintend- 
ent of  public 
instruction. 


State  board 
of  education. 


ELECTIONS. 
[Extract   from   Chap.    II    of   Act   203,    P.    A.    1917.] 

(18)  SEC.  8.  At  each  biennial  spring  election  there  shall 
be  elected  the  following  officers: 

(1)  Two  justices  of  the  supreme  court,  each  for  the  full 
term  of  eight  years,  beginning  on  the  first  day  of  January 
next  following  his  election; 

(2)  Two  regents  of  the  university,  each  for  the  term  of 
eight  years,  beginning  on  the  first  day  of  January  next  fol- 
lowing his  election; 

(?>)  A  superintendent  of  public  instruction  for  the  term 
of  two  years,  beginning  on  the  first  day  of  July  next  follow- 
ing his  election; 

(4)  A  member  of  the  state  board  of  education  for  the 
term  of  six  years,  beginning  on  the  first,  day  of  July  next 
following  his  election; 


GENERAL  SCHOOL  LAWS.  13 

i  .">  i      Two  members  of  the  state  board  of  agriculture,  each  sutr  t.cmi 
r  the  term  of  six  years,  beginning  on  the  first  day  of  Janu- 
next   Following  his  election. 


Act   1:711  ff  v.n:;.   i  $    !•;•_'.  C.   r,.   I'.iir.i.  abulishii:-  iho  office  of  commissioner 
stat'-    Iai:il    nilic.-.    transiVrs    to    tli«-    superintendent    <>f    ]>ul)Uc    instruction 
duties  of  that    ofjiciT  "on    the  hoard   of  stale   auilitors  and   all   other   hoards, 
Miiittccs   or  rMinniissioii*   of   wliicli    tin-    commissioner   of    the    state    land   office 
virtue   of   his   office   a   m<  nil  er." 


Till:  PRIMARY  SCHOOL  SYSTEM. 

n  Act  to  revise  and  consolidate  the  laws  relating  to  public  instruc- 
tion and  primary  schools,  and  to  repeal  all  statutes  and  acts  con- 
?r,i  veiling  the  provisions  of  this  act. 


[Act    H;{.   p.   A.   ISM. | 
('  (if   (lie  >S'/'//r   (tf  Mirlih/tin    (' 

CHAPTER  I. 

Tin:  sri-KKi. \TK.\I  »I:.\T  OF  PUBLIC  INSTRUCTION. 
i)     §   5011.     Si:<  iiox   1.     The  superintendent  of  public  Superm     d- 

.  \  »         ,    .  *•  ent  of  public 

istruciion  shall  have  general  supervision  of  general  ins  true- instruction 


ion  in  all  public  schools  and  in  all  state  institutions  that  are 
educational  in  their  character,  as  follows:  The  university, 
the  ;;gri( -ultural  college,  the  institution  for  the  deaf  and 
dumb.  iai  the  school  for  the  blind,  la)  the  state  industrial 
school  for  boys,  the  state  industrial  home  for  girls,  the  state 
public  school  For  dependent  and  neglected  children,  and  tli3 
home  For  the  Feeble-minded,  and  any  similar  institution  that 
may  hereafter  be  created:  Provided,  That  ail  instruction  from  Provi-o.  j  ••- 


llie    tiist    to    the   eighth    grade   iindnsive    in    those  subjects  nl 


II 


I 


for  aii  eighth  grade  diploma,  in  all  the  schools  of  this 
state,  public,  private,  parochial,  or  in  connection  with  any 
stale  institution  named  above,  shall  be  conducted  in  the 
English  language:  but  this  provision  shall  not  be  construed 
s  applying  to  the  high  school  course  of  any  school  district 
this  state  maintaining  a  legal  high  school  as  defined  in 
ct  number  sixty-live  «H'  the  public  acts  of  nineteen  hundred 
nine,  as  amended,  nor  to  the  high  school  course  of  any  insti- 
tution or  corporation  which  maintains  the  same  grades  in 
its  high  school  ;;s  aie  maintained  in  the  legal  high  schools  of 
thi>  >tate;  nor  shall  this  provision  be  construed  as  prohibit- 
ing icligious  instinct  ion  in  private  or  parochial  schools  given 
any  language  in  adlition  to  the  regular  course  of  study. 
le  shall  reside1  at  the  seat  of  the  stale  government  and  shall 
devote  his  entire  time  «>  the  duties  of  his  otlice.  He  shall  te 
graduate  of  a  university,  college  or  stale  normal  school  of 

"  <l    i<>  IT   puiilir   s.  I;  Let  148.  P.  A.  1017. 


14 


STATE  OF  MICHIGAN. 


Visit  state 
institutions. 


Audit  of 
accounts,  etc. 


Statutory 
term  of 
school. 


Annual 
report. 


good  standing,  and  shall  have  had  at  least  five  years'  experi- 
Duties.  ence  as  a  teacher  or  superintendent  of  schools.     His  duties 

shall  be  as  follows: 

(a)  To  visit  the  state  institutions  mentioned  above  and 
meet  with  the  governing  boards  thereof  from  time  to  time; 

(b)  To  direct  the  supervision  of  county  normal  training 
classes  and  provide  general  rules  for  their  management  and 
control ; 

(c)  To  require  all  boards  of  education  to  observe  the  laws 
relating  to  schools,  and  he  shall  have  authority  to  compel 
such  observance  by  appropriate  legal  proceedings  instituted 
in  courts  of  competent  jurisdiction  by  direction  of  the  at- 
torney general; 

(d)  To  examine  and   audit   the  official   records   and   ac- 
counts of  any  school  district,  and  require  corrections  there- 
of when  necessary,  and  to  require  an  accounting  from  the 
treasurer  of  any  school  district  when  necessary; 

(e)  To  require  all  school  districts  to  maintain  school  or 
provide   educational   facilities   for   all   children   resident   in 
such  district  for  at  least  the  statutory  period ; 

(f)  To  prepare  annually,  and  transmit  to  the  governor, 
to  be  by  him  transmitted  to  the  legislature  at  each  biennial 
session  thereof,  a  report  containing  a  statement  of  the  gen- 
eral educational  conditions  of  the  state;  a  general  statement 
regarding  the  operation  of  the  several  state  educational  insti- 
tutions and  all  incorporated  institutions  of  learning;  to  pre- 
sent plans  for  the  improvement  of  the  general  educational 
system  if  in  his  judgment  it  is  deemed  necessary;  the  report 
shall  also  contain    the    annual    reports    and    accompanying 
documents  of  all  state  educational  institutions  so  far  as  the 
same  may  be  of  public  interest,  and  tabulated  "statements  of 
the  annual  reports  of  the  several  school  officers  of  the  town- 
ships and  cities  of  the  state,  and  any  other  matter  relating  to 
his  office  which  he  may  deem  expedient  to  communicate  to 
the  legislature; 

(g)  To  appoint  a  time  and  place  and  proper  instructors 
for  a  state  teachers'  institute  and  for  institutes  in  the  several 
counties  of  the  state,  and  make  such  rules  and  regulations  for 
their  management  as  he  may  deem  necessary; 

(h)  He  may  request  the  governor  to  remove  from  office 
any  county  commissioner  of  schools  or  member  of  the  board 
of  school  examiners  when  he  shall  be  satisfied  from  sufficient 
evidence  submitted  to  him  that  said  officer  does  not  possess 
the  qualifications  required  by  law  entitling  him  to  hold  the 
office,  or  when  he  is  incompetent  to  execute  properly  the 
duties  of  the  office,  or  has  been  guilty  of  official  misconduct, 
or  of  wilful  neglect  of  duty,  or  of  drunkenness.  In  case  said 
superintendent  shall  determine  the  charges  submitted  to  him 
are  well  founded  he  shall  file  with  the  governor  a  statement 
in  writing  showing  the  specific  and  definite  charge  or  charges 


Teachers' 
Institute. 


May  request 
removal  of 
certain 
officers. 


ii 


GENERAL  SCHOOL  LAWS.  15 

made  against  the  officer  complained  of,  and  also  a  statement 
that  he  believes  the  charges  to  be  true,  and  that  in  his  opinion 
the  case  demands  investigation,  which  statement  shall  take 
the  place  of  the  statement  of  the  prosecuting  attorney  of  the 
county  in  which  said  officer  is  acting;  whereupon  the  governor 
shall  proceed  to  investigate  the  case  as  the  statute  provides; 

iiii     The   superintendent  of  public  instruction  shall  have  Power  to 
,  ,vj  remove  from 

power  and    is  hereby  required   to   remove   from   office,   upon  office. 

satisfactory  proof  and  after  at  least  ten  days'  notice  to  the 
} tarty  implicated,  any  member  of  any  school  board  except 
city  school  districts  who  shall  have  illegally  used  or  disposed 
of  any  of  the  public  moneys  entrusted  to  his  charge,  or  who 
shall  persistently  and  without  sufficient  cause  refuse  or  neg- 

»lect  to  discharge  any  of  the  duties  of  his  office,  and  in  case 
of  such  removal  it  shall  be  the  duty  of  the  said  state  super- 
intendent to  have  recorded  in  the  office  of  the  township  clerk 
of  such  township  the  resolution  or  order  for  such  removal, 
and  such  record  of  such  resolution  or  order  so  entered  or  a 
certified  copy  thereof  shall  be  prima  facie  evidence  in  all 
courts  and  places  of  jurisdiction  of  the  regularity  of  such 
proceedings  for  removal,  and  said  state  superintendent  shall 
file  a  similar  copy  of  the  proceedings  in  the  records  of  his 
office:  Provided,  That  if  the  party  so  removed  shali  within 
thirty  days  after  such  removal  institute  proceedings  before  a 
court  of  competent  jurisdiction  for  the  setting  aside  of  such 
order  for  removal  from  office,  or  if  after  said  thirty  days 
such  proceedings  to  obtain  such  removal  shall  be  discon- 
tinued or  dismissed,  the  said  order  for  removal  from  office 
shall  stand  and  not  be  subject  to  attack  by  any  legal  pio- 
ceedings  thereafter:  Provided  further,  That  when  an  officer 
is  removed  for  cause  he  shall  not  again  be  elected  or  ap- 
pointed to  said  office  for  a  period  of  at  least  five  years  there- 
after ; 

(j)     To  do  all  tilings  necessary  to  promote  the  welfare  of  TO  promote 
the  public  schools  and  public  educational  institutions  and  pro-  v 
vide  proper  educational  facilities  for  the  youth  of  the  state. 
From   and   after   the   first    day   of  July,"  nineteen   hundred 
nine,   the  salary  of  the   superintendent    of   public    instruction 
shall    be   four    thousand    dollars    per   annum,    which    shall    be 
paid   monthly  out  of  the  general  fund  in   the  state  treasury 
upon  the  wan-ant  of  the  auditor  general  in  the  same  manner 
s  the  salaries  of  other  state  officers  are  paid. 

Am.  nrj. 

Instruction  "*'  *''  A'  1!''J1'  ' s"'"  i;r'<')>  a<S  t0  sala*y  of  superrn<tend«nt  of  public 
As  to  superintendent  of  public  instruction,  see  Const,  section  4  of  this 
compilation. 

i«-t  302,  P.  A.  1921,   (sees.  279-S5),  giving  the  superintendent  of  public 
istruction    supervision   over   private,    denominational   and    parochial    schools. 

(20)     §  5642.     SEC.  2.     In  order  to  organize  the  work  of  Deputy  super- 
the  department  of  public  instruction  and  assist  the  superin-  * 


16 


STATE   OP  MICHIGAN. 


Duties. 


Salary. 


Proviso, 
assistant 
superin- 
tendents. 


Salaries. 


tendent  in  the  performance  of  his  duties  in  supervising  public 
education,  he  may  appoint  a  deputy  superintendent  of  public 
instruction  whose  educational  qualifications  shall  be  the 
same  as  those  required  of  the  superintendent  of  public  in- 
struction, who  shall  take  the  constitutional  oath  of  office 
which  shall  be  filed  with  the  secretary  of  state.  Said  deputy 
shall  assist  the  superintendent  in  the  performance  of  his 
duties  and  he  may  execute  the  duties  of  the  office  of  super- 
intendent in  case  of  a  vacancy  or  in  the  absence  of  the  super- 
intendent. The  salary  of  the  deputy  superintendent  shall 
be  two  thousand  five  hundred  dollars  per  annum.  The  salary 
of  the  deputy  superintendent  shall  be  paid  from  the  gen- 
eral fund,  upon  a  warrant  of  the  auditor  general,  in  the  same 
manner  that  the  salaries  of  other  state  officers  are  paid :  Pro- 
vided, That  the  superintendent  of  public  instruction  may  also 
appoint  two  assistant  superintendents,  who  shall  perform 
such  duties  as  the  superintendent  of  public  instruction  shall 
prescribe.  The  salaries  of  the  assistant  superintendents  shall 
be  twenty-one  hundred  dollars  per  annum,  and  such  salaries 
shall  be  paid  from  the  general  fund,  upon  a  warrant  of  the 
auditor  general,  in  the  same  manner  that  the  salaries  of  other 
state  officers  are  paid.  The  superintendent  of  public  instruc- 
tion may  revoke  any  of  said  appointments  in  his  discretion. 
There  is  hereby  appropriated  out  of  the  general  fund  in  the 
state  treasury  a  sufficient  amount  to  carry  out  the  provisions 
of  this  act.  The  auditor  general  shall  add  to  and  incorporate 
in  the  state  tax  for  the  year  nineteen  hundred  seventeen  and 
every  year  thereafter  a  sufficient  amount  to  reimburse  the  gen- 
eral fund  for  the  amounts  appropriated  by  this  act. 

Am.   1917,  Act  22. 

(21)  §  5643.     SEC.  3.     The  superintendent  of  public  in- 
struction may  prepare  and  have  printed  general   rules  and 
regulations  for  the  management  of   township    and    district 
libraries,  and  shall  prepare  and  have  printed  a  course  of  study 
for  the  district  schools  of  the  state,  which  shall  be  pursue:! 
in  all  district  schools  in  the  state,  except  city  school  districts, 
and  he  shall  transmit  all  these  documents    to    the    several 
school  officers  entrusted  with  the  care  and  management  of 
the  public   schools.     With   the  co-operation   of   the   state  li- 
brarian, he  shall  prepare,  at  least  once  in  every  two  years, 
lists  of  books   suitable  for  township   and   district  libraries, 
and  furnish  copies  of  such  lists  to  each  township  and  school 
officer  entrusted  with  the  care  and  custody  of  their  respec- 
tive libraries,  except  city  school  libraries,  and  high  school  li- 
braries, from  which  lists  the  said  school  officers  shall  select 
and  purchase  books  for  their  respective  libraries. 

(22)  §  56J4.     SEC.  4.    He  shall  in  the  year  nineteen  hun- 
dred twelve,  and  annually  thereafter  on  receiving  notice  from 
the  auditor  general  of  the  amounts  thereof  and  between  the 


Tax  clause. 


Rules  and 
regulations, 
who  to  make. 


Books, 
lists  of. 


Apportion- 
ment of 
primary 
school  fund, 
etc. 


i 


GENERAL  SCHOOL  LAWS.  17 

fi  th  and  fifteenth  days  of  July  apportion  the  primary  school 
ii  terest  fund  aiiion^-  the  several  townships  and  cities  of  the 
s  ate  in  proportion  to  the  number  of  children  in  each  between 
t  .e  ages  of  live  and  twenty  years  as  the  same  shall  appear  by 
t  ie  reports  of  the  several  township  clerks  made  to  him  for 
1  ie  school  year  closing  in  .Inly  of  the  preceding  year,  and 
s  mil  prepare  a  statement  of  the  amount  in  the  aggregate 
]  ivable  to  each  county,  and  shall  deliver  the  same  to  the 
;  uditor  general,  who  shall  thereupon  draw  his  warrant  upon 
1  ie  state  treasurer  in  favor  of  the  treasurer  of  each  county  for 
i  ie  amount  payable  to  each  county.  He  shall  also  send  writ-  Notice  to 

, .  . .  ,  county  clerks. 

•n  notices  to  the  clerks  of  the  several  counties  of  the  amount 
i  the  aggregate  to  be  disbursed  in  their  respective  counties. 
ml  the  amount  payable  to  the  townships  and  cities  therein 
espectively.  The  primary  school  interest  fund  payable  under 
he  law  now  existing  shall  be  apportioned  and  paid  between 

e  first  and  tenth  days  of  November,  nineteen  hundred 
en:  Provided,  That,  if  any  deficiency  shall  be  caused  in  Provi  °- 

e  teachers'  wages  fund  in  any  school  district  by  the  chang- 
ng  of  the  date  of  the  apportionment  of  the  primary  school 
merest  fund  by  the  superintendent  of  public  instruction, 
he  school  board  or  board  of  education  of  said  district  shall 

ve  authority  first  to  borrow  on  the  warrant  of  the  district 

sum  sufficient  to  meet  such  deficiency  or,  second,  to  borrow 
iiid  issue  bonds  of  the  school  district  for  the  sum  of  such  de- 

iem-y  for  a  period  not  to  exceed  five  years. 

Win-re  the  superintendent  of  public  instruction  directed  the  payment  of  the 
ipportlonment  of  funds  to  one  of  the  four  districts  of  the  township,  the  direc- 
tion i"r  t/ayineiit  of  the  funds  followed  the  same  into  the  hands  of  the  town- 
ship treasurer,  and  no  other  or  further  apportionment  was  necessary  or  could 
oe  made  l>y  tin-  township  clerk,  who  was  powerless  to  alter  or  modify  the  action 
•  t'  tin-  superintendent  of  public  instruction. — Moiles  v.  Watson,  60/415.  The 
'<:  tin-  district,  to  whom  the  money  was  paid,  being  assessor  de  facto. 
the  qiieMion  nf  \\li.ther  or  not  he  was  also  assessor  de  jure  could  not  be  rais«d 
in  tliis  cas«-. —  Jd.  It  lias  from  the  beginning  been  the  policy  of  this  state  to 
maintain  its  primary  BCfcooIfl  for  the  education  of  children  within  school  aire, 
!-iat  <  i.d  it  has  always  caused  to  be  set  aside  certain  revenues,  which, 
by  statute  ;u-e  Mpportiuned  to  tin,'  several  counties  according  to  the  number  <:f 
children  residing  in  each  county  within  the  ap-  limit,  "as  the  same  s'lall 


IK 

r, 


II 


by   ih,.   reports  of  the  several  school  boards  or  school  inspectors  made" 
irpose.      Muskegon  Public  Schools  v.  Wright,  176/6,  12. 


L':1.  i     £   r>i;ir>.     Si:c.  5.     Whenever  the  returns  from    any  Proceedings 
county,  t(.\\ -nsliip,  city,  or  district,  upon   which  a  statement  defective 

of  the  amount  to  be  disbursed  <>r  paid  to  ;iny  such  county,  n'mrilr 
township,  ciiy.  or  district  shall  be  so  far  defective  as  to  render 
it  impracticable  to  ascertain  the  share  of  primary  school  in- 
terest fund  which  ought  to  be  disbursed  or  paid  to  such 
county,  township,  city,  or  district,  he  shall  ascertain  by  the 
best  evidence  in  his  power  the  facts  upon  which  the  ratio  of 
such  apportionment  shall  depend,  and  shall  make  the  appor- 
tionment jiccordin^ly. 

.">(;!<;.  Si:r.  (J.  Whenever  any  county,  township,  wi^n  <iefi-^ 
city,  or  distiict.  through  failure  or  error  in  making  the  proper  apportiorS 
report,  shall  fail  to  receive  its  share  of  the  priinarv  school11 


18 


STATE  OF  MICHIGAN. 


interest  fund,  the  superintendent  of  public  instruction,  upon 
satisfactory  proof  that  said  county,  township,  city,  or  district 
was  justly  entitled  to  the  same,  shall  apportion  such  defi- 
cienc}7  in  his  next  apportionment;  and  whenever  it  shall  ap- 
pear to  the  satisfaction  of  said  superintendent  that  any  dis- 
trict has  had  three  months'  school,  but  failed  to  have  the  full 
time  of  school  required  by  law,  through  no  fault  or  negligence 
of  the  district  or  its  officers,  he  may  include  such  district  in 
his  apportionment  of  the  primary  school  interest  fund  in  his 
discretion. 

(25)  §  5647.  SEC.  7.  The  superintendent  of  public  in- 
struction shall  perform  such  other  duties  as  are  or  shall  be 
required  of  him  by  law,  and  at  the  expiration  of  his  term  of 
office  deliver  to  his  successor  all  property,  books,  documents, 
maps,  records,  reports,  and  all  other  papers  belonging  to  his 
office,  or  which  may  have  been  received  by  him  for  the  use  of 
his  office. 


Other  duties 
of  superin- 
tendent. 


CHAPTER  II. 


Township 
board, 
authority  of, 
in  division 
of  school 
districts. 


Districts 

heretofore 

organized. 


FORMATION,    ALTERATION,    MEETINGS,    AND    POWERS    OP    DISTRICTS. 

(26)  §  5648.  SECTION  1.  The  township  board  of  each 
township  shall  have  authority  to  divide  the  township  into 
such  number  of  school  districts  as  may  from  time  to  time 
be  necessary,  which  districts  it  shall  number,  and  it  may 
regulate  and  alter  the  boundaries  of  the  same  as  circum- 
stances shall  render  proper;  and  each  district  shall  be  com- 
posed of  contiguous  territory  and  be  in  as  compact  a1  form 
as  may  be.  Districts  heretofore  organized  shall  remain  and 
have  the  same  boundaries  as  at  the  time  of  the  passage  of 
this  act,  subject  to  change  hereafter  in  the  discretion  of  the 
township  board. 

'See   sees.    33-36. 

PRIMAIRY  SCHOOL  SYSTEM  :  The  whole  primary  school  system  was  con- 
fided by  the  constitution  to  the  legislature  and  it  cannot  be  said  that  the 
officers  of  school  districts  chosen  pursuant  to  the  system  adopted  by  the  leg- 
islature, are  constitutional  officers. — [Belles  v.  Burr,  76/11.  The  constitution 
of  1850  left  to  the  legislature,  as  did  the  preceding  constitution,  the  establish- 
ment of  a  system  of  primary  schools,  restricting  the  legislature  only  by  pro- 
viding that  a  school  shall  be  kept,  without  charge  for  tuition,  at  least  three 
months  in  each  year,  and  that  all  instruction  shall  be  conducted  in  the  Eng- 
lish language.  All  other  matters  seem  to  be  within  the  discretion  of  the 
legislature. — Perrizo  v.  Kesler,  93/283 ;  People  v.  Howlett,  94/168 ;  Pingree 
v.  Board  of  Education,  99/408.  The  constitution  of  1909  provides  that  a 
district  maintain  school  five  months  in  each  year  in  order  to  participate  in 
the  primary  interest  fund.  Our  primary  school  system  is  the  pride  of  the 
state. — People  v.  Howlett,  94/169. 

FORMATION  OP  DISTRICTS :  See  Doxey  v.  Sch.  Inspectors,  67/603 ; 
Brody  v.  Penn  Twp.  Board,  32/273 ;  Sch.  Dist.  v.  Sch.  Dist.,  81/343 ; 
Simpkins  v.  Ward,  45/561.  See  Briggs  v.  Borden,  71/89-90;  People  v. 
Davidson,  2  Doug.  121 ;  Brewer  v.  Palmer,  13/107.  When  two  districts  are 
annexed  without  any  other  change  in  their  boundaries,  the  mere  fact  that 
one  number  is  perferred  to  another  does  not  change  the  real  character  of  the 
annexation. — 'Brewer  v.  Palmer,  13/109.  When  one  district  is  annexed  to 
another,  its  corporate  existence  ceases  and  it  cannot  be  sued  for  debts ;  the 
new  district  must  be  held  responsible  for  them. — Id.  But  when  a  district 


GENERAL  SCHOOL  LAWS.  19 


s  parceled  out  among  several  other  districts,  the  latter  cannot  be  held 
jointly  liable  for  the  debts  of  the  former ;  whatever  they  are  bound  to  pay 
.s  a  several  and  not  a  joint  obligation.— Halbert  v.  Sen  Dists.,  36/421. 
Change  of  a  district  formed  by  special  act  of  the  legislature. — (Sch.  Dist.  v. 
Dean,  17/223.  The  organization  of  a  new  township  severs  its  territory  from 
the  school  district  within  which  it  was  formerly  embraced. — People  v.  Ryan, 
19/203.  See  section  34. 

QUESTIONING  REGULARITY  :  The  regularity  of  the  proceedings  for  the 
formation  of  a  district  and  the  existence  of  it  cannot  be  questioned  collater- 
ally but  only  in  direct  proceedings.— ^lenient  v.  Everest,  29/19.  See  Sch. 
Dist.  v.  Inspectors,  27/3;  'Stuart  v.  Sch.  Dist.,  30/G9 ;  Lord  v.  Every, 
38/405;  Bird  v.  Perkins,  33/30;  Stockle  v.  Silsbee,  41/G21  ;  Keweenaw 
Ass'n  v.  Sch.  Dist.,  98/437.  The  legality  of  the  organization  and  existence  of 
the  district  cannot  be  testfd  by  certiorari. — Jaquith  v.  Hale,  31/430.  Cer- 
tiorari  to  review  the  proceedings  in  organizing  a  district  will  not  lie  after  the 
district  is  actually  organized  and  has  assumed  the  functions  of  a  corporation; 
its  corporate  existence  must  then  be  tested  by  quo  warranto. — 'Sch.  Dist.  v. 
Inspectors,  27/3 ;  People  v.  Gartland,  75/143.  But  there  should  be  some 
special  and  extraordinary  reason  to  justify  interference  by  quo  warranto  with 
the  organization  of  a  school  district,  as  the  statutes  provide  a  speedier 
remedy  by  an  appeal  from  the  district  board  to  the  township  board. — Lord 
v.  Kvery,  38/-105.  And  the  supreme  court  will  not  meddle  with  the  con- 
cerns of  school  districts,  on  mandamus,  except  on  things  of  substance. — Sch. 
Dist.  v.  Riverside  Twp.,  67/406.  The  facts  in  regard  to  the  notices  and  proof 
of  posting  are  sufficiently  established  if  set  out  in  the  return  of  the  board, 
though  not  appearing  in  the  clerk's  minutes  of  the  proceedings.  The  act  of 
detaching  territory  from  two  school  districts  and  forming  a  new  district  by 
one  and  the  same  motion,  after  parties  interested  have  had  ample  opportunity 
to  be  heard  on  both  questions,  is  valid. — Smelzer  v.  Inspectors  Big  Prairie 
Twp.,  125/6O6. 


I 


(27)     §  5649.     SEC.  2.     Whenever  the  township  board  of  Notice  to 
juiy  township  shall  form  a  school  district  therein,  it  shall  be  on  formation 
the  duty  of  the  clerk  of  such  board  to  deliver  to  a  taxable  of  dlstnct 
inhabitant  of  such  district  a  notice  in  writing  of  the  forma- 
tion of  such  district,  describing  its  boundaries  and  specify- 
ing the  time  and  place  of  the  first  meeting,  which  notice,  with 
the  fact  of  such  delivery,  shall  be  entered  upon  record  by 
the  clerk.    The  said  notice  shall  also  direct  such  inhabitant  Notice  to 

o  notify  every  qualified  voter  of  such  district,  either  per-  voteS.6*1 
sonally  or  by  leaving  a  written  notice  at  his  place  of  resi- 
dence, of  the  time  and  place  of  said  meeting,  at  least  five 
days  before  the  time  appointed  therefor;  and  it  shall  be  the 
duty  of  such  inhabitant  to  notify  the  qualified  voters  of  said 
district  accordingly,  and  said  inhabitant,  when  he  shall  have 
notified  the  qualified  voters  as  required  in  such  notice,  shall 
endorse  thereon  a  return  showing  such  notification  with  the  Return, 
date  or  dates  thereof,  and  deliver  such  notice  and  return  to  show.10 
the  chairman  of  the  meeting,  to  be  by  him  delivered  to  the 
director  chosen  at  such  meeting,  and  by  said  director  recorded 

t  length  as  a  part  of  the  records  of  such  district. 

:<"!•: :  The   board   may,   under  one  notice,    at  one  meeting,   by   separate 
net  inn.   detach    lands    from    separate  school    districts    and   attach   them   to   one 
district. — Doxey    v   School     Inspectors,     67/601.      Irregularity    in   notice. — Par- 
man    v.    Inspectors,   49/63.      See  Roeser  v.   Gartland,   75/144. 
Ki:<X>UD.S:      Importance  of.— Sch.   Dist.   v.   Snell    24/352. 


(28)  §  5650.  SEC.  3.  In  case  the  inhabitants  of  any  dis- 
trict  shall  fail  to  organize  the  same  in  pursuance  of  such  failure  to 
notice  as  aforesaid,  the  said  clerk  shall  give  a  new  notice  in 
the  manner  hereinbefore  provided,  and  the  same  proceedings 
shall  be  had  thereon  as  if  no  previous  notice  had  been  de- 
ivered. 


20 


STATE  OF  MICHIGAN. 


Fractional 
districts, 
how  formed. 


Annual 
reports, 
where 
made. 


When 
districts 
deemed  duly 
organized. 


When  pre- 
sumed legally 
organized. 


Organization, 
how  lost. 


Failure  to 

maintain 

school. 


Resolution 

declaring 

dissolution. 


(29)  §  5651.     SEC.  4.    Whenever  it  shall  be  necessary  or 
convenient  to  form  a  district  from  two  or  more  adjoining 
townships,  the  township  boards,  or  a  majority  of  them,  of 
each  of  such  adjoining  townships,  may  form  such  district,  to 
be  designated  as  a  fractional  district,  and  direct  which  town- 
ship clerk  shall  make  and  deliver  the  notice  of  the  formation 
of  the  same  to  a  taxable  inhabitant  thereof,  and  may  regulate 
and  alter  such  district  as  circumstances  may  render  neces- 
sary in  the  same  manner  that  other  districts  are  altered.    The 
annual  reports  of  the  director  of  such  district  shall  be  made  to 
the  clerk  of  the  township  in  which  the  schoolhouse  may  be 
situated,    and    the    township    board    of  such  township  shall 
number  said  district. 

iSaginaw  Twp.  v.   Sch.   Dist,  9/544;   Brewer  v.   Palmer,   13/109. 

(30)  §  5652.     SEC.  5.    Every  such  school  district  shall  be 
deemed  duly  organized  when  any  two  of  the  officers  elected 
at  the  first  meeting  shall  have  filed  their  acceptances  in  writ- 
ing with  the  director,  and  the  same  shall  have  been  recorded 
in  the  minutes  of  such  first  meeting.     Every  school  district 
shall  in  all  cases  be  presumed  to  have  been  legally  organized 
when  it  shall  have  exercised  the  franchises  and  privileges  of 
a  district  for  the  term  of  two  years ;  and  such  school  district 
and  its  officers  shall  be  entitled  to  all  the  rights,  privileges  and 
immunities,  and  be  subject  to  all  the  duties  and  liabilities 
conferred  upon  school  districts  by  law.     Any  school  district 
shall  lose  its  organization  as  follows: 

(a)  Whenever  there  are  not  three  or  more  persons  in  such 
district  qualified  under  the  law  to  hold  district  offices; 

(b)  Whenever  such  district  shall  fail  to  maintain  school 
for  the  time  required  by  law  for  a  period  of  two  successive 
years  either  within  its  own  boundaries  or  by  providing  for 
the  education  of  the  children  in  other  districts.     Upon  the 
happening  of  either  condition,  the  township  board,  or  joint 
board,  if  such  district  be  fractional,  shall  declare  by  resolu- 
tion such  district  dissolved  and  shall  immediately  attach  the 
territory  thereof,  in  whole  or  in  part,  to  other  districts  al- 
ready organized  and  make  an  equitable  distribution  of  the 
money,  property  and  other  material  belonging  to  such  dis- 
trict among  the  districts  to  which  the  territory  thereof  shall 
be  attached,  in  accordance  with  the  provisions  hereinafter 
stated. 

PRESUMPTION  OF  LEGAL  ORGANIZATION  :  When  a  district  has  exor- 
cised the  franchises  and  privileges  of  a  school  district  for  over  two  years, 
it  is  too  late  to  question  the  legality  of  its  organization. — Sch.  Dist.  v.  Sch. 
Dist.,  63/56;  :Sch.  Dist.  v.  Sch.  Dist,  81/343;  Bd.  of  Ed.  of  Traverse  City 
v.  Straub,  182/065.  The  same  rule  which  recognizes  the  right  of  officers  de 
facto  recognizes  corporations  de  facto. — 'Clement  v.  Everest,  29/23.  In  public 
affairs,  when  the  people  have  organized  themselves  under  color  of  law  into  the 
ordinary  municipal  bodies,  and  have  gone  on  year  after  year  raising  taxes, 
making  improvements  and  exercising  their  usual  franchises,  their  rights  are 
properly  regarded  as  depending  quite  as  much  on  the  acquiescence  as  on  the 
regularity  of  their  origin,  and  no  ex  post  facto  inquiry  can  be  permitted  to 
undo  their  corporate  existence. — People  v.  Maynard,  15/470.  As  to  question- 
ing the  regularity  of  organizations,  etc.,  see  note  to  section  26. 


GENERAL  SCHOOL  LAWS.  21 

i.",  I  i      £    r>i;r>:;.     SKC.   (>.     The  record  of  the  first  meeting  Dim-tors- 
iade  l»y  I  he  director  shall  be  prima  facie  evidence  of  the  facts 
herein  set  forth  and  of  the  legality  of  all  proceedings  in  the  g 
•  rgani/ation  <>!'  the  district  prior  to  the  first,  district  meeting; 
mi  nothing  in  this  section  contained  shall  be  so  construed  as 
o  impair  the  etVect  of  the  record  kept  by  the  township  board 
is  evidence. 


,« 


CORPORATE    TOWERS    OF    DISTRICTS. 


2)     §  5654.     SEC.  7.     Every  school  district  organized  in 
pursuance  of  this  chapter,  or  which  has  been  organized  andabody' 
continued  under  any  previous  law  of  the  state  or  territory  of  c< 
Michigan,  shall  be  a  body  corporate,  and  shall  possess  the 
usual  powers  of  a  corporation  for  public  purposes,  by  the 
name  and  style  of  "school  district  number  ......    (such  num-  ^y{£eand 

her  as  shall   be  designated  in  the  formation  thereof  by  the 
township  board),  of   ..........    (the  name  of  the  township 

or  townships  in  which  the  district  is  situated),"  and  in  thatp°werof- 
name  shall  bo  capable  of  suing  and  being  sued,  of  contracting 
md    being   contracted    with,    and    of   holding   such    real    and 

M'l-sonal  estate  as  is  authorized  to  be  purchased  by  the  pro- 

isions  of  law.  and  of  selling  the  same. 


rowWRS:  Tin-  school  district,  under  our  statutes,  is  a  cor- 
and.   as  su<-h   corporation.   is   represented   by   three  officers:   a  nroder- 
tor.  director  and  assessor.     The  affairs  of  the  district  are  managed  and  con- 
rolled    by    them,    under   certain    restrictions.  —  Sch.    Dist.    v.    Sen.    Dist.,    63/57. 
!    district   can    take   and   hold   bequests  of  money   for   the  maintenance 
f  a    puMir  library  for  the  use  and  benefit  of  the  residents   of  the  district.  — 
Maynard    v.    Woodward.    36/423.      School    districts,    like    townships    and    coun- 
-ul'divisioiis   of   the   state.      This   section   gives   them   the  capacity  to 
e    and    l)e    sued.  —  Van    Wert   v.    Sch.    Dist.,    100/333.      School    districts    are 
unicipal   corporations.—  Seoley  v.  Board  of  Ed.,   39/486  ;   Sen.  Dist.   v.    Gage, 
'    t^l:    r.elles  v.   Burr.   76/1.      And   cannot  be  garnisheed  even   by  their  own 
ns.ni,  unless  the  debtor  alRo   consents.  —  Id.     They  preceded  the  constitution 
Stuart    v.    Scb.    Dist.,    30/69).    and    were    recognized    by    that    instrument.  — 
Burr.   7ft  '11.     It    is   familiar  doctrine  that    school    districts  are  state 
encies  with  limited  powers,  confined,  generally,  to  those  expressly  enumerated 
ml  those  necessarily  implied.  —  Attorney  General  v.   Detroit  Bd.  of  Education, 

MI-SIT:     This  section   gives  school   districts   capacity  to    sue  and   be 
led.      If  the  claim  against  the  district  is  unliquidated,  assumpsit  will  lie  and 
liquidated  the  remedy  would  be  by  mandamus  to  compel  the  necessary  action 
cause  it   to   be   paid.  —  Waterman,   etc.,  Co.   v.   Sch.   Dist.,    183/175. 

ALTERATION    OF    DISTRICTS. 

r,i;.V>.     SEC.  s.    Whenever  the  township  board  shall 
ntemplate  an  alteration  of  the  boundaries  of  a  district,  the  boundaries 
township  clerk  (and  for  meetings  of  boards  to  act  in  relation  boa{Swnshil> 
to  fractional  districts,  clerks  of'  the  several  townships  inter- 
ested i    shall   give   at    least    ten    days'   notice  of  the  time  and 
of  the  meeiing  of  said   board   and  the  alteration  pro- 
sed. i,y  posting  such  notice  in  three  public  places  in  the  Posting 
township  or  townships,  one  of  which  notices  shall  be  in  each  "' 
<>f  the  districts  that  may  be  atl'ected  by  such  alteration.   When-  Joint  boards. 
ever   the   township  hoards   of   more   than   one   township  meet, 
they  shall   elect   one  of  their  number  chairman,  and  another 
clerk  thereof. 


place 

posed 

f  ,  . x\-  1 1  , 


22 


STATE  OF  MICHIGAN. 


NOTICE  :  The  notice  required  is  jurisdictional  and  indispensable. — Coulter 
v.  Inspectors,  59/391 ;  Sen.  Dist.  v.  Inspectors,  63/611 ;  Gentle  v.  Inspec- 
tors, 73/40 ;  'Graves  v.  Inspectors,  102/635 ;  Passage  v.  Inspectors,  19/330 ; 
Andress  v.  Inspectors,  19/332.  Proof  of  the  posting  of  such  notice  should 
be  filed  with  the  clerk  of  the  board,  before  any  action  is  taken. — Coulter 
v.  Inspectors,  59/391 ;  Sch.  Dist.  v.  Inspectors,  63/611 ;  Graves  v.  Inspec- 
tors, 102/O35.  Where  notice  is  not  given  the  filing  of  the  consent  of  a 
majority  of  the  resident  taxpayers  of  the  districts  affected  will  not  validate 
the  action. — Gentle  v.  Inspectors,  73/40.  Notices  must  be  posted  in  each 
township  affected  by  the  alteration. — Sch.  Dist.  v.  Metcalf,  93/499.  The 
object  of  the  notice  is  to  enable  parties  interested  te  be  heard  before  any 
action  is  taken. — Gentle  v.  Inspectors,  73/45 ;  Sch.  Dist.  v.  Metcalf,  93/499. 
As  to  the  provision  in  the  former  law,  see  Sch.  Dist.  y.  Sch.  Dist.,  63/51. 
Notice  of  posting  notices  in  three  public  places  is  jurisdittional.  Affidavit  must 
show  that  the  notices  were  so  posted.  Certiorari  will  lie  to  test  validity 
of  proceedings  where  petitioner  moves  promptly. — iHuyser  v.  Board  of  School 
Inspectors,  131/568. 

FRACTIONAL  DISTRICTiS  :  The  action  of  the  joint  boards  is  required  in 
case  of  fractional  districts. — 'Sch.  Dist.  v.  Sch.  Dist.,  81/343. 


May  detach, 
etc.,  property. 

Proviso, 
referendum. 


Unorganized 
territory. 


Notice  to 
director  of 
district 
affected  by 
alteration. 


(34)  §  5656.     SEC.  9.    A  township  board  may  in  its  dis- 
cretion detach  the  property  of  any  person  or  persons  from 
one  district  and  attach  it  to  another:    Provided,  however, 
That  no  land  which  has  been  taxed  for  building  a  school- 
house  shall  be  set  off  into  another  district  for  the  period  of 
three  years  thereafter  except  by  the  consent  of  a  two-thirds 
majority  of  the  resident  owners  of  said  land ;  and  no  district 
shall  be  divided  into  two  or  more  districts  without  the  con- 
sent of  the  majority  of  the  resident  taxpayers  of  said  district, 
and  no  two  or  more  districts  shall  be  consolidated  without 
the  consent  of  a  majority  of  the  resident  taxpayers  of  each 
district. 

Am.  1919,  Act  351. 

People  v.  Davidson,  2  Doug.  121  ;  Brewer  v.  Palmer,  13/104.  Sec  Sch. 
Dist.  v.  Dean,  17/223  ;  Gentle  v.  iSch.  Inspectors,  73/45. 

DISSOLVING  DISTRICT :  The  school  inspectors  (township  board)  have 
power  to  alter  boundaries  of  districts,  and  attach  or  detach  persons,  to  or 
from  any  district ;  but  no  power  is  anywhere  granted  to  them  to  disband, 
dissolve  or  destroy  a  district,  save  as  restricted  under  this  section. — 'Briggs 
v.  Borden.  71/90.  As  intimated  in  Doxey  v.  Inspectors,  67/604,  the  board 
have  no  authority  to  divide  up  a  district  and  destroy  it  without  the  consent 
of  a  majority  of  the  resident  taxpayers ;  nor  can  they  destroy  it  by  cutting 
it  up  into  pieces  and  attaching  all  the  territory  to  other  districts  without 
such  consent. — ild.  The  terms  "dissolve"  and  "disband"  are  of  similar  import 
and  a  vote  taken  to  "disband"  is  supported  by  notice  of  a  meeting  to  vote 
upon  a  proposition  to  "dissolve." — Id. 

CONSENT  OF  OWNER:  Lands  taxed  within  three  years  for  building  a 
schoolhouse,  not  to  be  set  off  into  another  district  without  the  consent  of 
the  owner. — Coulter  v.  Inspectors,  59/391. 

CONSOLIDATION  :  The  right  of  inspectors  to  consolidate  districts  depends 
upon  the  consent  of  majority  of  resident  taxpayers.  Where  a  school  district 
de  facto  formed  by  consolidation  of  other  districts  has  been  in  existence 
two  years  or  more  the  court  will  not  set  aside  action  of  board. — Howell  v. 
Shannon,  130/556. 

POWER  OF  LEGISLATURE  :  The  legislature  may  change  the  boundaries 
of  district. — Att'y  Gen.  ex.  rel.  Kies  v.  Lowery,  131/639. 

(35)  §  5657.     SEC.  10.     The  township  board  shall  attach 
to  a  school  district  contiguous  territory  in  the  township  and 
not  in  any  organized  district. 

(36)  §  5658.     SEC.  11.     In  all  cases  where  an  alteration 
of  the  boundaries  of  a  school  district  shall  be  made,  the  town- 
ship clerk  shall,  within  ten  days,  deliver  to  the  director  of 
each  district  affected  by  the  alteration  a  notice  in  writing, 
setting  forth  the  action  of  the  township  board  and  defining 
the  alterations  that  have  been  made. 


GENERAL   SCI 


DIVISION   OF   PROPERTY. 

(37)     §  5659.     SEC.  12.    When  a  new  district  is  formed  in  Division  of 
w   ole  or  in  part   from  one  or  more  districts  possessed  of  a  poSeSed 
s(  loolhonse  01-  entitled  to  other  property,  the  township  board  houses°°etc. 
ai    the  time  of  forming  such   new  district,  or  as  soon  there- 
af  or  as  may  be,  shall   ascertain  and  determine  the  amount 
jn  >tly  due  to  such  new  district  from  any  district  out  of  which 
it  may  have  been  in  whole  or  in  part  formed,  as  the  propor- 
ti   n   of  such    new   district,  of  the  value  of  the  schoolhonse 
ai  d  other  property  belon^in^  to  the  former  district,  at  the 
ti  ae  of  such  division;  and  whenever  by  the  division  of  any  ^J^njiay 
district,  the  schoolhonse  or  site  thereof  shall  no  longer  be  apportion 
c<  Mveniently  located  for  school  purposes  and  shall  not  be  de-  E 
si  -ed  for  use  by  the  new  district  in  which  it  may  be  situated, 
tl  e  township  board  of  the  township  in  which  such  schoolhouse 
a   d  site  shall  be  located  may  advertise  and  sell  the  same, 
jn  d  apportion  the  proceeds  of  such  sale  and  also  any  moneys 
bt  Imi»-hi»-  to  the  district  thus  divided  among  the  several  dis- 
ti  ids  erected  in  whole  or  in  part  from  the  divided  district. 

Sayinaw  T\vp.  v.  Sch.  Dist.,  9/541;  People  v.  Ryan,  19/203;  Ramsey  v. 
E^  erett  Twp.  Clerk,  52/344  ;  Sch.  Dist.  v.  'Riverside  Twp.,  67/404. 

MOW  DISTRICT:  See  Pine  Sch.  Dist.  v.  Wilcox,  48/404,  and  section  117 
as  to  appeals.  Bill  to  prevent  the  consummation  of  a  void  apportionment.  — 
S.  i.  l»i>t.  v.  Sch.  Dist.,  63/58.  Bill  to  restrain  the  sale  of  the  school- 
he  use.  —  Briggs  v.  Borden,  71/87.  Upon  the  formation  of  a  new  district  by 
tl.  •  union  of  two  or  more,  the  new  district  succeeds  to  the  credits  and  prop- 
*-  y  and  is  liable  for  the  debts  of  the  old  ones.-nBrewer  v.  Palmer,  13/104; 
B,  96  -Ji'l. 


•- 

i.'SS)     ^  5GGO.     SEC.  13.      Such  proportion  shall  be  ascer- 
t;  ined  and  determined  according  to  the  value  of  the  taxable  urined 
p-opeity  of  the  respective  parts  of  such  former  district  at 
tl  e  time  of  the  division,  by  the  best  evidence  in  the  power  of 
tl  e  township  board:  and  such  amount  of  any  debt  due  from  JJj}J  ^ 
il  c  former  district,  which  would  have  been  a  charge  upon  the 
n  '\v  had  it  remained  in  the  former  district,  shall  be  deducted 
f  i  om  such  proportion:  Provided,  That  no  real  estate  thus  set  Proviso. 
o'V.  and  which  shall  not  have  been  taxed  for  the  purchase  or 
b  lildin."-  of  such  schoolhonse.  shall  be  entitled  to  any  portion 
thereof  nor  be  taken  into  account  in  such  division  of  district 


OUD  DISTRICTS:     Where  the  territory  of  a  school  district  is 
orbed  by  other  districts,  tin-  statin.-  contemplate*   that  the  township  board 
,1   make  an   equitable  adjustment  of  property  and    debts    so  as   to  propor- 
n  >n    them    fairly    aim.!-    the    districts    which    have    succeeded    to    the   jurisdic- 
i  >n     .,t     that     which     lias    1  .....  n     divided.  —  'Ilalbert    v.     Sch.     Districts,     36/421. 
™here    a    school    district    has    been    subdivided    and    other    districts    set    off,    the 
s   .'t    the   original    district    cannot    !•«•    parceled   out   among  all   by   a    proceed- 
11  x  in   the  conn  i   to  fire  creditors  ,-i    r.-mcdy  a-ainst  any  but  the  orig- 

h,  :l1  Turnbuil     v.     Alpena     Bch.     l»ist.,     -iri/4'.m  ;     Malta    v.    Board    of 

E  location,    -II    647.      A    debt    once    existing    must    remain    a    debt    against    the 
corporation    tl.at    created    it,   and   its   obligation   is   not   destroyed   by    a   change 
rat:..  n    limits.       If    contribution    is    required,    it    must    be    obtained    by 
rporation    and    i-.it    by    its   creditors,    unless   otherwise   provided   bv   law 
-'i'»rnbull    v.    Alpena    Sch.    Dist.,    -IT,    J'.i'.i. 


24 


STATE   OF  MICHIGAN. 


Annual 
school 
meetings, 
when  held. 

School 
year,  when 
to  begin. 


Proviso. 


DISTRICT    MEETINGS. 

(39)  §  5661.  SEC.  14.  The  annual  meeting  of  all  school 
districts,  except  where  otherwise  provided  by  special  enact- 
ment, shall  be  held  on  the  second  Monday  of  July  in  each  year. 
The  school  year  shall  commence  on  that  day,  and  the  trustees 
and  officers  of  the  district  shall  date  their  terms  of  office 
from  said  day,  and  until  their  successors  are  elected  and 
qualified:  Provided,  That  any  school  district  organized  and 
operating  under  a  special  act  may  vote  at  an  annual  or  special 
meeting  to  hold  its  annual  meeting  on  the  second  Monday  in 
July. 

Am.    1921',    Act   5. 


Notices  of 
meetings. 


S  5662'  SEC-  15'  sPecial  meetings  may  be  called  by 
the  district  board;  and  it  shall  be  the  duty  of  said  board,  or 
any  one  of  them,  to  call  such  meetings  on  the  written  request 
of  not  less  than  five  legal  voters  of  the  district,  by  giving  the 

no?ebemcaiied.  n°tice  required  in  the  next  succeeding  section;  but  no  special 
meeting  shall  be  called  unless  the  business  to  be  transacted 
may  lawfully  come  before  such  meeting,  and  no  business  shall 

in  notice.  be  transacted  at  a  special  meeting  unless  the  same  be  stated 
in  the  notice  of  said  meeting. 

NOTICE:  Liberal  rules  of  interpretation  must  be  applied  to  these  not  ices, 
and  if  they  be.  sucb  as,  under  a  fair  construction,  to  give  notice  to  the 
electors  of  the  purpose  for  wMch  the  meetings  are  called,  they  must  be  held 
sufficient. — 'Peters  v.  Warren  Twp.,  98/55. 

SPECIAL  MEETING  :  In  order  to  constitute  a  legal  school  meeting,  (be 
evidence  must  show  that  a  legal  petition  was  presented  and  a  legal  notice  of 
the  meeting  given. — 'Cent.  Sch.  Supply  House  v.  Sch.  Dist..  09/402:  Johns- 
ton v.  Mitchell,  120/589.  Use  by  a  school  board,  in  calling  a  special  meet- 
ing, of  a  blank  form  of  notice  prepared  by  a  lawyer  at  the  request  of  one 
who  was  not  a  member  of  the  board,  is  insufficient  to  show  a  ratification  on 
its  part  of  a  promise  by  such  third  person  that  the  board  would  pay  a 
specified  sum  for  the  legal  services  rendered. — Leonardson  v.  School  District 
No.  3  of  Troy  Township,  125/209. 


Proviso, 
duty  of  dis- 
trict officer 
to  give. 


When  annual 
meeting  not 
illegal  for 
want  of. 


(41)  §  5663.  SEC.  16.  All  notices  of  annual  or  special 
district  meetings,  after  the  first  meeting  has  been  held  as 
aforesaid,  shall  specify  the  day  and  hour  and  place  of  meet- 
ing, and  shall  be  given  at  least  six  days  previous  to  such 
meeting,  by  posting  up  copies  thereof  in  three  of  the  most 
public  places  in  the  district,  one  copy  of  which  for  each  meet- 
ing shall  be  posted  at  the  outer  door  of  the  district  school- 
house,  if  there  be  one;  and  in  case  of  any  special  meeting 
called  for  the  purpose  of  establishing  or  changing  the  site 
of  a1  schoolhouse,  such  notice  shall  be  given  at  least  ten  days 
previous  thereto:  Provided,  That  when  any  of  the  district 
board  shall  receive  a  request  to  call  a  special  meeting,  as  pro- 
vided in  the  preceding  section,  he  shall  forthwith  give  notice, 
as  above  provided,  of  said  meeting,  which  shall  be  called  in 
not  less  than  six  nor  more  than  twelve  days  from  the  lime 
the  said  officer  shall  receive  the  notice  aforesaid.  No  annual 
meeting  shall  be  deemed  illegal  for  want  of  due  notice,  unless 


GENERAL  SCHOOL  LAWS. 


it    hall  appear  that  the  omission  to  give  such  -notice  was  wil- 

fu    ami  fraudulent. 

•VlialVr    v.    Srh.    I»i>t.    N«>.    1    of    Baraga,    11G/20C;    Johnston    v.    Mitchell, 
1'J'    9S9. 

\'2)     §  5GG4.     SEC.  17.     In  all  school  elections  including  who  qualified 
so  ool  elections  held   in  districts  organized   and  governed  in  V( 
\\    ole  or  in  part  by  a  local  act  or  acts,  and  including  cities 
of  the  fourth  class,  any  provisions  in  such  local  act  or  acts  to 
tL  j  contrary   notwithstanding,   every   citizen   of   the  United 
Si  ites  of  the  age  of  twenty-one  years,  male  or  female,  who 
OA  ns  property  which  is  assessed  for  school  taxes  in  the  dis- 
ti  ct,  or  who  is  the  parent  or  legal  guardian  of  any  child  of 
s(  100!  age  included  in  the  school  census  of  said  district,  and 
\v  10  has  resided  in  said  district  three  months  next  preceding 
Si  id  election,  shall  be  a  qualified  voter.    On  the  question  of  on  voting 
v<  ting  school  taxes,  every  citizen  of  the  United  States  of  the  sc 
a;  e  of  twent\ --one  years,  male  or  female,  who  owns  property 
u  iich  is  assessed  for  school  taxes  in  the  district,  and  who 
h  :s  resided  in  the  district  as  above  stated,  shall  be  a  qualified 
v<  4er :    Provided,  That  the  purchaser  of  land  upon  a  land  Proviso, 
contract,  who  actually  pays  the  taxes  upon  such  land  and  la 
r< -sides  thereon,  may  vote  upon  all  questions;  and  where  a 
Ii  isband  and  wife  own  property  jointly  and  same  is  assessed 
l'..r  school  taxes  in  the  school  district,  each  may,  if  otherwise 
(1  lalitied,   vote  upon  all  questions  including  the  question  of 
r  lising  money :   Provided,  however,  That  this  act  shall  not  be  P™™^,  cities 
applicable  in  any  city  having  a  population  of  one  hundred  or  over. 
t  ven ty -live  thousand  inhabitants  or  over  which  comprises  a 
s  ngle  school  district,  but  in  such  cities  all  electors  who  shall 
I  088668    the   quul ilications    specified   in    section   one,    article 
t  iree,  of  the  constitution  of  this  state  shall  be  qualified  vot- 
ers in  all  school  elections  in  such  cities  and  shall  be  registered 
i  i   the  same  manner  provided  by  la\v  for  the  registration  of 
<  lectors  in  any  such  cit  i<^. 


Am.     1JH7.    A,  |     7  :     l'.»Ul.    A.-t 


' 

(43)     $  r.i  ;<;.").     Si:<\  is.     If  any  person  offering  to  vote  at  a  challenging 
M-hool  district    meeting  shall   be  challenged   as  unqualified  by  v' 
any   legal    voter   in   such   district,  the  chairman   presiding  at 
.-uch  meeting  shall  declare  to  the  person  challenged   the  quali- 
ications  of  a  voter;  and   if  such  person  shall  slate  that   he  is 
'jiialhied,  and  t  he  -challenge  shall  not  be  withdrawn,  the  chair- 
nan   shall    tender   to   him   an  oath,   in   substance  as  follows: 
'You   do   swear    i  or  al'linn  i    that    you    are    a     citi/en     of    the  Oath  tendered 
I'nited   States,   that   you   have  been   for  the  last    three  months 
actual    resident    of   this  school   district,  or  residing  upon 
erritory   now   attached    to   this  school   district,  and   that   you 
pay  a  school  district    tax   therein;''  and  every  person  taking 
s  oath  shall  be  permitted  to  vote  upon  all  questions  pro- 


Ui 

is 


26 


STATE  OF  MICHIGAN. 


False  oath 

deemed 

perjury. 


posed  at  such  meetings.  Or  he  may  take  the  following  oath, 
to  wit:  "You  do  swear  (or  affirm)  that  you  are  a  citizen  of 
the  United  States,  that  you  have  been  for  the  last  three 
months  an  actual  resident  of  this  school  district.,  or  residing 
upon  property  now  attached  to  this  school  district,  and  that 
you  are  the  parent  or  legal  guardian  of  one  or  more  children 
now  included  in  the  school  census  of  the  district;"  and  he 
may  vote  upon  all  questions  which  do  not  directly  involve 
the  raising  of  money  by  tax.  If  any  person  so  challenged 
shall  refuse  to  take  such  oath,  his  vote  shall  be  rejected ;  and 
any  person  who  shall  wilfully  take  a  false  oath,  or  make  a 
false  affirmation,  under  the  provisions  of  this  section,  shall 
be  deemed  guilty  of  perjury.  When  any  question  is  taken  in 
any  other  way  than  by  ballot,  a  challenge  immediately  after 
the  vote  has  been  taken  shall  be  deemed  to  be  made  when 
offering  the  vote,  and  treated  in  the  same  manner. 

Belles  v.    Burr,   76/6;   Menton  v.   Cook,    147/542. 

(44)  §.5666.    SEC.  19.    If  at  any  district  meeting  any  per- 
son shall  conduct  himself  in  a  disorderly  manner,  and,  after 
notice  from  the  moderator  or  person  presiding,  shall  persist 
therein,  the  moderator  or  person  presiding  may  order  him 
to  withdraw  from  the  meeting,  and  on  his  refusal,  may  order 
any  constable,  or  other  person  or  persons,  to  take  him  into 
custody  until  the  meeting  shall  be  adjourned;  and  any  per- 
son who  shall  refuse  to  withdraw  from  such  meeting  on  being 
so  ordered  as  herein  provided,  and  also  any  person  who  shall 
wilfully  disturb  such  meeting  by  rude  and  indecent  behavior, 
or  by  profane  or  indecent  discourse,  or  in  any  other  way 
make  such  disturbance,  shall,  on  conviction  thereof,  be  pun- 
ished by  a  fine  not  less  than  two  nor  more  than  fifty  dollars, 
or  by  imprisonment  in  the  county  jail  not  exceeding  thirty 
days;  and  any  justice  of  the  peace,  recorder,  or  police  justice 
of  the  township,  ward,  or  city  where  such  offense  shall  be 
committed,  shall  have  jurisdiction  to  try  and  determine  the 
same. 

(45)  §  5667.     SEC.  20.    The  qualified  voters  of  any  school 
district  when  lawfully  assembled  at  the  first  and   at  each 
annual  meeting  or  at  an  adjournment  thereof,    or    at    any 
special  meeting  lawfully   called,  except   as  hereinafter  pro- 
vided, shall  have  power: 

First,  At  the  first  meeting  and  at  any  meeting  after  the 
organization  of  the  district,  in  the  absence  of  the  moderator, 
to  appoint  a  chairman  for  the  time  being  and,  in  the  absence 
of  the  director,  to  appoint  some  person  to  act  in  his  stead, 
who  shall  keep  a  minute  of  the  proceedings  of  such  meeting 
and  certify  same  to  the  director,  to  be  by  him  entered  in  the 
records  of  the  district; 

Second,  To  adjourn  from  time  to  time  as  occasion  may  re- 
quire; i 


Disorderly 
persons  at 
district 
meetings. 


Penalty  for 

disturbing 

meeting. 


Who  shall 
have  jurisdic- 
tion in  trial. 


Power  of 
voters  at 
annual 

meeting. 


Chairman. 


Adjournment. 


GENERAL  SCHOOL  LAWS.  27 

Third,  To  elect  district  officers  as  herein  provided,  and  to  Elect  officers. 
(1  ;termine  at  what  hour  the  annual  meeting  shall  be  held ; 

Fourth,  To  designate  as  hereinafter  provided  a  site  or  such  sites. 
lumber  of  sites  as  may  be  desired  for  school  houses,  and  to 

0  lange  same  when  necessary ; 

Fifth,  To  direct  the  purchasing  or  leasing  of  a  site  or  sites  Purchase,  etc. 

1  iwfully  determined  upon ;  the  building,  hiring  or  purchasing 
(  f  a  schoolhouse  or  houses,  or  the  enlarging  of  a  site  or  sites 
j  reviously  established; 

Sixth,  To  vote  such  tax  as  the  meeting  shall  deem  sufficient  Tax  limit. 
1 3  purchase  or  lease  a  site  or  sites,  or  to  build,  hire  or  pur- 
•  base  a  school  house  or  houses ;  but  the  amount  of  taxes 
o  be  raised  in  any  district  for  the  purpose  of  purchasing  or 
•uilding  or  altering  a  school  house  or  houses  in  the  same  year 
hat  any  bonded  indebtedness  is  incurred  shall  not  exceed  two 
iundred  fifty  dollars  in  districts   containing  less  then  ten 
:hildren  between  the  ages  of  five  and  twenty  years;  in  dis- 
ricts  having  between  ten  and  thirty  children  of  like  age  it 
ihall  not  exceed  five  hundred  dollars;  and  in  districts  having 
jetween  thirty  and  fifty  children  of  like  age  it  shall  not  ex- 
ceed one  thousand  dollars ;  the  foregoing  tax  when  levied  and  Buiuiing 
collected,  together  with  all  funds  derived  from  bonding  for 
the  same  purposes,  when  received  by  the  treasurer,  shall  be 
accounted  for  under  the  title  of  "building  fund" :  Provided,  Proviso. 
That  the  money  belonging  to  the  building  fund  shall  be  used 
for  no  other  purpose  than  that  for  which  it  was  raised  with- 
out a  consenting  vote  of  two-thirds  of  the  tax-paying  voters  of 
the  district  present  and  voting  at  said  election; 

Seventh,  To  determine  the  amount  of  money  to  be  raised 
by  tax  for  all  school  purposes,  except  as  otherwise  provided 
by  law;  the  tax  herein  provided  for,  together  with  the  one- 
mill  tax,  when  collected  and  received  by  the  treasurer  shall  be 
accounted  for  under  the  title  of  "General  fund"; 

Eighth,  To  authorize  and  direct   the  sale  of  any  school 
house,  site,  building  or  other  property  belonging  to  the  dis-  etc. 
trict,  when  the  same  shall  no  longer  be  needed  for  the  use  of 
the  district; 

Ninth,  To  give  such  directions  and  make  such  provisions  Suits- 
as  they  shall  deem  necessary  in  relation  to  the  prosecution 
or  defense  of  any  suit  or  proceeding  in  which  the  district 
may  be  a  party  or  interested; 

Tenth,  To  appoint  as  in  their  discretion  it  may  be  necessary 
a  building  committee  to  perform  such  duties  in  supervising 
the  work  of  building  a  school  house  as  they  may  by  vote  di- 
rect; 

Eleventh,  At  the  first  and  annual  meeting  only  to  deter- 
mine  the  length  of  time  a  school  shall  be  taught  in  their  dis- 
trict during  the  ensuing  year,  which  shall  not  be  less  than 
nine  months  in  all  districts,  except  in  school  districts  having 
an  assessed  valuation  of  less  than  seventy-five  thousand  dol- 


28  STATE  OF  MICHIGAN. 


lars,  the  minimum  number* of  months  shall  not  be  less  than 
eight,  and  in  school  districts  having  an  assessed  valuation  of 
less  than  thirty  thousand  dollars  and  having  less  than  thirty 
children  of  school  age,  the  minimum  number  of  months  shall 
not  be  less  than  seven,  on  the  pain  of  forfeiture  of  their  share 
of  the  primary  school  interest  fund ;  but  in  case  the  people  do 
not  determine  the  length  of  the  school  year,  then  the  district 
board  shall  determine  the  same,  and  in  case  the  board  or  the 
district  fix  the  length  of  the  school  year,  and  later  in  the  year 
it  is  found  desirable  to  increase  the  length  of  said  school 
year,  such  action  may  be  taken  at  a  properly  called  special 
school  meeting,  or  the  board  may  take  such  action  on  peti- 

Proviso.  tion  0£  a  majority  of  the  resident  qualified  voters:  Provided, 
That  each  school  district  may  at  an  annual  or  special  meet- 
ing vote  to  discontinue  school  in  the  district  for  the  ensuing 
or  current  year  and  determine  that  the  children  resident 

Proviso,          therein  shall  be  sent  to  another  school  or  schools :    Provided, 

maintenance,     m,  ,  , .  , .  .    . 

appropriation.  That  during  the  fiscal  years  ending  June  thirty,  nineteen 
hundred  twenty-two,  and  June  thirty,  nineteen  hundred 
twenty-three,  the  sum  of  .two  hundred  dollars  shall  be  paid 
out  of  the  state  treasury  to  any  primary  school  district  main- 
taining a  one-room  school  for  nine  months  in  any  school  year 
if  the  school  tax  of  the  district  on  each  one  thousand  dollars 
assessed  valuation  for  seven  months'  school  is  twelve  dollars 
or  more  for  maintenance,  exclusive  of  the  two  hundred  dol- 
lars state  appropriation.  The  cost  of  school  sites,  school 
buildings,  and  the  alteration  of  school  buildings  shall  not  be 
when  auditor  included  in  determining  the  cost  of  maintenance.  The  audit- 
draw  warrant,  or  general,  upon  receipt  of  a  certified  statement  from  the 
superintendent  of  public  instruction,  of  the  school  disir id- 
entitled  to  receive  said  sum,  shall  draw  a  warrant  upon  the 
state  treasurer  in  favor  of  the  treasurer  of  each  of  said 
school  districts  entitled  to  the  amount  herein  designated. 
Appropria-  There  is  hereby  appropriated  out  of  the  moneys  in  th<>  treas- 
ury of  the  state  of  Michigan  the  sum  of  twenty-five  thousand 
dollars  for  the  fiscal  years  ending  June  thirty,  nineteen  hun- 
dred twenty-two,  and  the  sum  of  twenty-five  thousand  dol- 
lars annually  thereafter,  or  so  much  thereof  as  may  be 
-necessary  for  carrying  out  the  purposes  of  this  act.  The 
auditor  general  shall  incorporate  in  the  state  tax  for  the 
year  nineteen  hundred  twenty-one,  and  each  year  thereafter, 
the  sum  of  twenty-five  thousand  dollars,  or  such  part  thereof 
as  shall  be  necessary  when  collected  to  reimburse  the  gen- 
eral fund  for  the  amount  hereby  appropriated  and  for  the 
carrying  out  the  purposes  of  this  art,  or  it  may  vote  to 
send  only  the  children  of  the  seventh  and  eighth  grades  to 
another  school  or  schools  if  there  are  thirty-five  or  more  chil- 
dren who  attend  school  in  the  district,  and  when  such  action 
has  been  taken  the  school  board  shall  have  authority  to  use 
any  funds,  except  library  funds,  in  the  hands  of  the  treasurer 


SCHOOL  LAWS. 


t<   provide  and  equip  a  vehicle,  to  pay  the  tuition  and  trans-  Vehicles. 

p  >rtation  of  all  such  children,  and  if  necessary  vote  a  tax  for 

>   cli  purposes.    The  vehicle  used  for  the  transportation  of  the  Capacity, 

c  illdren  when  the  school  is  closed  shall  be  of  ample  capacity,  e 

s  tall  be  enclosed  to  keep  out  rain  or  snow  and  shall  be  pro- 

\  ded  with  robes  and  footwarmers  during  cold  weather. 

Am.  1921,  Act  313. 

Moiles  v.  Watson,  60/415  :  Detroit  Board  of  Education  v.  Moross,   151/625. 
FOURTH  :     See   section   102  as  to  the  designation  of  school  sites. 
FIFTH :  A    school    district,    contracting   for   the    building   of   a    schoolhouse 
A  ithin  a  stated  time,  is  bound  to  furnish  a  suitable  site  therefor,  within   such 
i  asonable  time  that  the  contractors  shall  not  be  delayed  on  their  part. — Todd 
•\     Sch.   Dist.,   40/294.      Sureties   upon   a   bond   for   the   performance   of   a   con- 
1  act  are  released  by  an  assignment  of  the  contract  and  the  grant  of  an  oxten- 
f  on  of  time  to  the  contractor. — Id.     See  Act  17  of  1915,  sections  615-617. 

SIXTH :  A  school  district  in  its  annual  meeting  may  lawfully  recognize 
.'  id  pay  equitable  claims  even  though  they  are  not  strictly  legal  demands 
:  ,'ainst  it. — IStockdalc  v.  School  Dist.,  47/226.  The  provision  that  no  land 
;  iall  be  taxed  for  the  building  of  schoolhouses,  unless  some  portion  thereof 
;  iall  be  within  1V».  miles  of  the  schoolhouse  site,  does  not  apply  to  a  graded 
:  :hool  district. — Keweenaw  Ass'n  v.  Sch.  Dist.,  98/437.  See  Public  (Schools 
.  Van  dor  Lnanr  211/85. 

SKVKNTIl  :  Equitable  claims. — See  notes  to  subdivision  sixth.  Certain 
harts,  etc.,  held  not  to  be  necessary  appendages,  such  as  the  director  is 
equired  to  furnish. — Gibson  v.  Sch.  Dist.,  36/404;  Publishing  House  v.  School 
>ist,  94/265.  A  school  district  has  no  power  to  levy  a  tax  except  for  the 
-  specified  by  statute. — Hinman  v.  Sch.  Dist,  4/168.  See  section  66, 
ubdivision  6. 

KM-:vi-:\TH:  Tappan  v.  Sch.  Dist,  44/500.  The  district  board  has 
>owor  to  contract  with  a  qualified  teacher  for  such  term  during  the  ensuing 
ear  as  shall  be  determined  4>y  the  qualified  voters  of  the  district  at  the 
nnual  school  meeting.— Cleveland  v.  Amy,  88/1374;  Moiles  v.  Watson, 
.11  HT.  In  exercising  the  discretion  vested  In  the  voters  of  a  school  district 
o  discontinue  school  for  a  year,  the  school  board  are  bound  to  furnish  trans- 
mrtation  and  may  determine  the  amount  to  be  paid.  The  performance  of  such 
Inty  may  bo  enforced  by  mandamus. — (Dennis  v.  Wrigloy,  175/621.  Where 
/oters  of  a  district  have  voted  to  discontinue  school  and  send  the  children  to 
in  adjoining  district,  at  an  annual  or  special  meeting  cannot  rescind  the  action 
it  a  snii-:e<|iient  meeting  and  reopen  the  school  for  the  ensuing  period. — Meek 
r.  Carpenter.  17^  .",17. 

MISCELLANEOUS:      Gibson    v.    'Sch.    Dist,    36/404.      Where    a    board    of 
ducat  ion    erects   a   sc'iool   building  in   such   manner   that   ice   and   snow   must 
inevitably    slide   from    the   roof  into   plaintiff's   premises,    there   being   no   suffi- 
cient  barrier  to  prevent,  and  fails,  after  notice,  to  remedy  the  defect,  It  may 
l>e    held    liaMe    to    him   for   injuries   sustained   in   falling   upon    ice    so    precipi- 
tated,  the   trespass  being  the  proximate  cause  of  the  injury. — Ferris  v.   Board 
of    I-M Ufa t ion    of    Detroit,    122/315.     The    neglect    or    refusal    of    the    electors 
of  ;i    township   to  vote  the  amounts  necessary   to  be  raised  for  township  and 
hool    purposes    is    sufficiently    shown,    within    the    statutes    authorizing    the 
wnsliip    board    and    the   board   of   education,    respectively,    to   vote   the    same 
such  case,  by  a  recital  in  the  resolutions  of  the  several  boards  voting  such 
it    the   attention   of  the  electors  present  at   the  annual   meeting  was 
Hod    to    the    matter   of   voting   upon    such    questions,    and    that    they    failed, 
glected,   and    refused    to   vote   such   sums   as   were   necessary. — Weston   Lum- 
r   Co.    v.    Town-hip    <»f    Munising,    123/138.      Where    the    legislature    divides 
district  and  provides  for  a  distribution  of  property,  the  new  district  is  not 
titled   to   share   in    primary  school  interest  fund    at   the   following  apportion- 
cnt,    though    based    upon    reports    of    previous    year.      A    district    which    does 
not     maintain     school     for    at     least    three    months     (sde    above    sec.)     is     not 
entitled   to  share   in   apportionment   of  primary   school   interest   fund. — Decker- 
lool    District    v.    District    No.    3    of    Marion,    131/272.      A    school    dis- 

•  tri»t  which  had  provided  by  resolution  for  the  seating  of  a  schoolhouse  is 
estopped  to  question  the  validity  of  a  contract  signed  by  the  director  only, 
where  other  officers  paid  tho  freight  bills  and  the  seats  had  been  in  use  fifteen 
months.— Jones  v.  Sch.  Dist.  No.  3  of  losco,  110/363.  District  board  bought 
furniture.  At  following  annual  meeting  voters  made  no  objection.  Held  a 
ratification  of  the  contract  though  act  of  board  was  not  authorized. — Haney 
Sch.  Fur.  Co.  v.  Sch.  District  No.  1  of  Crystal  Lake  Twp.,  133/241. 
School  district  cannot  appropriate  surplus  one  mill  tax  to  general  purpose 
before  •  •!•., i  ,,r  year.  Bonhafd  v.  Sch.  Rd.  of  Dist.  No.  1,  Bronson  and  Bethel 

'"\vpv 


30 


STATE  OF  MICHIGAN. 


CHAPTER  III. 


Election  of 

district 

officers. 

Term  of 
office. 


When  school 
district  office 
deemed 
vacant. 


Vacancies, 
how  filled. 


DISTRICT   BOARD    AND    OFFICERS. 

(46)  §  5668.     SECTION  1.     At  the  first  meeting  in  each 
school  district  there  shall  be  elected  by  ballot  a  moderator 
for  the  term  of  three  years,  a  director  for  two  years,  and  a 
treasurer  for  one  year;  and  on  the  expiration  of  their  re- 
spective terms  of  office,  and  regularly  thereafter  at  the  an- 
nual meetings,  their  several  successors  shall  be  elected  in 
like  manner  for  a  term  of  three  years  each.    The  time  inter- 
vening between  the  first  meeting  in  any  school  district  and 
the  first  annual  meeting  thereafter  shall  be  reckoned  as  one 
year. 

NOTE.— Act  165,  P.  A.  1901,  (§  §  5668-5758,  C.  L.  1915),  changes  the  word 
assessor  to  treasurer.  See  section  51. 

OFFICERS :  The  officers  of  a  primary  school  district  consist  of  a  modera- 
tor, director  and  assessor.  These  officers  are  created  by  statute  and  have 
attached  to  them  certain  limited  powers  and  particular  duties.  They  have, 
therefore,  neither  common  law  power,  nor  rights,  but  are  strictly  confined  to 
such  as  are  conferred  upon  them  by  statute ;  and  as  no  compensation  for 
their  official  services  bas  been  provided  [as  the  law  stood  prior  to  1859]  or 
in  any  manner  authorized  by  statute,  none  can  be  legally  claimed  or  recov- 
ered.— Hinman  v.  Sch.  Dist.  4/168.  The  provisions  relative  to  the  elec- 
tion of  school  district  officers  by  ballot  are  mandatory ;  but  where  they  were 
unanimously  chosen  by  viva  voce  vote  at  a  regular  meeting,  and  qualified  and 
acted  and  no  one  else  claimed  the  offices,  a  writ  of  quo  warranto  was  dis- 
missed.— People  v.  Gartland,  75/143.  Parol  evidence  is  admissible  to  show 
who  are  the  district  officers. — Crane  v.  Sch.  Dist.,  61/290. 

BALLOT :  All  ballots  cast  under  statutory  requirements  are  formal  and 
final,  if  there  is  an  election,  and  cannot  be  repeated.  There  can  be  no 
"informal"  ballot. — People  v.  Stone,  78/635  ;  Sch.  Dist.  v.  Root,  61/373. 

(47)  §  5669.    SEC.  2.    A  school  district  office  shall  become 
vacant  immediately  upon   any   of   the  following  events: 

First,  The  death  of  the  incumbent; 

Second,    His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixth,  His  election  or  appointment  being  declared  void  by 
a  competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office,  or  to 
give  or  renew  any  official  bond  according  to  law; 

Eighth,  His  ceasing  to  be  a  taxpayer  in  the  school  district ; 

Ninth,  Upon  the  expiration  of  -twenty  days  after  failure 
of  the  district  to  elect  a  successor  at  the  annual  meeting,  at 
the  expiration  of  which  period  the  board  of  school  inspectors 
shall  appoint  such  successor. 

(48)  §   5670.     SEC.  3.     In   case  any  one  of  the  district 
offices  becomes  vacant,  the  two  remaining  officers  shall  im- 
mediately fill  such  vacancy;  or  in  case  two  of  the  offices  be- 
come vacant,  the  remaining  officer  shall  immediately  call  a 
special  meeting  of  the  district  to  fill  such  vacancies;  in  case 


GENERAL  SCHOOL  LAWS.  31 

EDA  vacancy*  is  not  filled  as  herein  provided  within  twenty 
<i;r  s  after  it  shall  have  occurred,  or  in  case  all  the  offices  in  a 
dis  rict  shall  become  vacant,  the  township  board  of  the  town- 
shi  )  to  which  the  annual  reports  of  such  district  are  made 
sh;  11  fill  such  vacancies.  Any  person  elected  or  appointed  to  Term  of 
fil]  a  vacancy  in  a  district  office  shall  hold  such  office  until  " 
th<  next  succeeding  annual  meeting,  at  which  time  the  voters 
of  the  district  shall  fill  such  office  for  the  unexpired  portion 
of  the  term. 

[ohnston   v.   Mitchell,    120/589. 

49)     §  5671.    SEC.  4.    Any  qualified  voter  in  a  school  dis-          9' who 
tr  :t  whose  name  appears  on  the  assessment  roll  and  who  is 
th  ;  owner  in  his  own  right  of  the  property  so  assessed,  shall 
be  eligible  to  election  or  appointment  to  office  in  such  school 
di  -trict :   Provided,    That   where   a   husband   and   wife   own  £r°vlso' 

.    .  ^  .  husband  and 

pi  >perty  jointly,  regardless  of  the  name  which  appears  on  wife. 

tli  3  assessment   role,   if   otherwise  qualified,   each   shall  be 

el  gible  to  election  or  appointment  to  school  office.     It  shall  Publisher's 

b(   illegal  for  any  member  of  the  district  board  to  act  as  ^ 

aj.  ent  for  any  author,  publisher  or  seller  of  school  books  or 

si  100!  apparatus,  or  to  receive  any  gift  or  reward  for  his 

influence  in  recommending  the  purchase  or  use  of  any  school 

b(  ok  or  apparatus  in  the  state  of  Michigan.     It  shall  be  il-  Labor  or 

le*al  for  any  member  of  the  district  board  to  perform  any  n 

labor,  except  as  provided  in  this  act,  or  furnish  any  material 

or  supplies  for  the  school  district  in  which  he  is  an  officer, 

and  ho  shall  not  be  personally  interested  in  any  way  what- 

CA  er  directly  or  indirectly  in  any  contract  with  the  district  in 

which  lie  holds  office.    Any  act  herein  prohibited,  if  performed  Penalty. 

bv  any  such  school  officer,  shall  be  deemed  a  misdemeanor, 

a  id  he  shall  be  liable  to  the  punishment  provided  for  such 

oifense  in  accordance  with  the  statute  in  such  case  made  and 

Nrovided. 
(50)  §  5672.  SEC.  5.  Within  ten  days  after  their  election 
r  appointment,  the  several  officers  of  each  school  district 
s'lall  file  with  the  director  written  acceptances  of  the  office  to 
which  they  have  been  respectively  elected  or  appointed,  ac- 
CDmpanied  by  an  affidavit,  properly  acknowledged,  that  they 
are  qualified  voters,  that  their  name  appears  on  the  assess- 
rient  roll,  and  that  they  are  the  owners  in  their  own  right  of 
the  property  so  assessed,  and  such  acceptances  and  affidavits 
shall  be  entered  in  the  records  of  the  district  by  said  director. 
The  affidavit  herein  required  may  be  executed  before  any 
officer  authorized  under  the  laws  of  the  state  to  take  acknowl-  executed 
(d»-ments  <»r  before  the  senior  officer  of  the  district  board  in 
that  particular  district. 

(51)  §  5673.  SEC.  6.  The  moderator,  director,  and  treas-  gj£3ctwhen 
urer  shall  constitute  the  district  board.  Meetings  of  the  meetings  of, 
board  may  be  called  by  any  member  thereof  by  serving  on  the 


32 


STATE  OF  MICHIGAN. 


other  members  a  written  notice  of  the  time  and  place  of  such 
meeting  at  least  twenty-four  hours  before  such  meeting  is  to 
take  place;  and  no  act  authorized  to  be  done  by  the  district 
board  shall  be  valid  unless  voted  at  a  meeting  of  the  board. 
A  majority  of  the  members  of  the  board  at  a  meeting  thereof 
shall  be  necessary  for  the  transaction  of  business. 


Quorum 
of  board. 


Board  to 
purchase 
record 
books,  etc. 


Board  to 
purchase,  etc. 
site,  and 
build,  etc., 
schoolhouse. 


Necessity  of 
title  or  lease 
to  site  before 
building 
schoolhouse. 


Running 


A  teacher  cannot  be  hired  by  two  members  of  the  board  without  the  con- 
currence of  the  third  and  without  convening  any  meeting  of  the  board.: — 
Hazen  v.  Lerche,  47/626.  A  school  teacher  can  be  employed  only  by  the 
action  of  a  district  board  at  a  meeting  of  the  board.  Parol  evidence  is  not 
admissible  to  show  that  the  record  of  the  meeting  made  by  the  directors  is 
not  true.— Cowley  v.  Sch.  Dist.  No.  3,  Harrisville,  130/634. 

(52)  §  5674.     SEC.  7.     The  said  district  board  shall  pur- 
chase  a1  record  book  and  such  other  books,  blanks  and  station- 
ery as  may  be  necessary  to  keep  a  record  of  the  proceedings 
of  the  district  meetings  and  of  the  meetings  of  the  board,  the 
accounts  of  the  treasurer,  and  for  doing  the  business  of  the 
district  in  an  orderly  manner. 

Officers   having    charge   of    school    records    are    required    to    furnish    proper 
facilities  for  the  examination  or  copying  of  the  same.     See  Act  No.   7O    P.  A. 
1903,    (§    3448,   €.   L.   1015). 
.      See  School  Dist.  v.  Snell,  24/353. 

(53)  §  5675.     SEC.  8.     The  district  board  shall  purchase 
or  lease,  in  the  corporate  name  of  the  district,  such  sites  for 
school  houses  as  shall  have  been  lawfully  designated,  and 
shall  build,  hire,  or  purchase  such  school  houses  as  may  be 
necessary  out  of  the  fund  provided  for  that  purpose,   and 
make  sale  of  any  site  or  other  property  of  the  district  when 
lawfully  directed  by  the  qualified  voters;  but  no  district  in 
any  case  shall  build  a  stone  or  brick  schoolhouse  upon  any 
site  without  having  first  obtained  a  title  in  fee  to  the  same, 
or  a  lease  for  ninety-nine  years;  nor  shall  any  district  build 
a  frame  school  house  on  any  site  for  which  they  have  not  a 
title  in  fee  or  a  lease  for  fifty  years,  without  securing  the 
privilege  of  removing  the  said  school  house  when  lawfully 
directed  so  to  do  by  the  qualified  voters  of  the  district  at 
any  annual  or  special  meeting,  when  lawfully  convened. 

TITLE  IN  PEE  :  A  lease  to  a  school  district  "during  the  time  it  is  used 
for  school  purposes"  is  a  lease  in  perpetuity  at  the  will  of  the  lessee.  Since 
the  lessee  is  a  corporation  and  words  of  inheritance  are  not  required,  the 
lease,  if  a  present  consideration  is  paid,  operates  as  a  bargain  and  sale  and 
conveys  a  base  or  determinate  fee.  This  is  sufficient  to  satisfy  the  provi- 
sions of  the  school  law. — iSch.  Dist.  v.  Everett,  52/314. 

UEASTDS :  Schoolhouse  on  leased  land  belongs  to  district  and  may  be 
removed  within  reasonable  period. — Hayward  v.  Sch.  Dist..  139/539.  Without 
due  notice  of  proposed  action  at  an  annual  meeting,  the  school  board  could  not 
change  a  site  and  place  a  schoolhouse  on  property  which  had  not  been  leased 
or  conveyed  to  the  board. — Calkins  v.  Rice,  170/234. 

(54)  §  5676.    SEC.  9.    The  district  board  shall  have  author- 
ity to  vote  such  taxes  as  may  be  necessary  for  the  regular 
running  expenses  of  the  school,  which  shall  include  school 
furnishings  and  all  appurtenances,  the  care  of  school  prop- 
erty, for  such  alterations  as  shall  be  necessary  to  place  the 
school  house  in  a  safe  and  sanitary  condition,  teachers'  wages, 


v  Her  supply,  premium  upon  indemnity  bond  for  the  treas- 
11  'er  of  the  district,  transportation  of  the  pupils,  record  books 
{i  id  blanks,  and  all  apparatus  and  material  which  may  be 
11  >cessary  in  order  that  the  schools  may  be  properly  managed 
;  id  maintained,  and  for  the  deficiencies  in  such  funds  for  the 
]  -eceding  year,  if  any.  All  such  taxes  when  collected  and 
i  reived  shall  be  accounted  for  under  the  title  of  "general 
find":  all  primary  money  shall  be  accounted  for  under  the 
1  tie  of  "primary  fund":  Provided,  That  the  tax  for  ser- 
\ices  of  district  officers  in  primary  school  districts  shall  be  taxes. 
\  ated  by  the  district  board  but  it  shall  not  be  so  voted  until 
i  le  legal  voters  at  an  annual  or  special  meeting  called  for 
i  tat  purpose  have1  determined  the  amount  that  each  officer 
.'hall  receive  as  salary  per  year.  A  salary  once  fixed  by  the 
1  ?gal  voters  of  a  school  district  shall  remain  the  same  until 

•  handed  by  the  legal  voters  at  an  annual  or  special  meeting. 

Vhen  the  taxes  herein  provided  for  have  been  estimated  and  Assessment, 

•  oted  by  the  district  board,  they  shall  be  reported  for  assess- 
ment and  collection   the  same  as  other  district  taxes.     When  May  borrow. 

.  ny  tax  has  been  estimated  anfl  voted  by  the  district  board  or 
»y  the  district  under  the  provisions  of  law,  and  the  money  is 
ieeded  before  it  can  be  collected,  the  district  board  may  bor- 
•ow  on  the  strength  of  such  a  tax  a  sum  not  exceeding  the 
otal  of  such  tax. 

Am.    1021,    Act   315. 


H 


$   r>(;77.     Si:c.   10.     The   district  board,  or  board  of  School board, 
'ducat  inn,  shall,  between  the  second  Monday  in  July  and  the  report  taxes 
first   Monday  in  August  in  each  year,  make  out  and  deliver  V( 
in  the  township  clerk  of  each  township  in  which  any  part  of 
the  district  is  situated,  a  report  in  writing  under  their  hands 
nf  all   taxes  voted  by  the  district   during  the  preceding  year, 
and  nf  all  taxes  which  said  board  is  authorized  to  impose,  to 
be  levied  on  the  taxable  property  of  the  district. 

(56)      §   5678.     SEC.   11.     The  district  board  shall  apply  School  money, 

,.    ,    .  V  .      accounting  of. 

and  pay  over  all  school  moneys  belonging  to  the  district  in 
accordance  with  the  provisions  of  the  law  regulating  same, 
and  no  moneys  received  from  the  primary  school  fund  shall 
be  appropriated  to  any  other  use  than  the  payment  of  teach- 
<  i -'  wages,  tuition  and  transportation  of  children  as  pro- 
vided by  law,  and  no  part  thereof  shall  be  paid  to  any  teacher 
who  shall  not  have  received  a  certificate  of  qualification  from 
proper  It-gal  authority  before  the  commencement  of  his  school. 

hool  district  shall  apply  any  of  the  moneys  received  by  Sectarian 
t  from    the  primary  school  interest    fund  or  from  any  and  M 
11   other  sources  for  the  support    and   maintenance  of  any 
school  of  a  sectarian  character,  whether  the  same  be  under  the 
control    of  any    religious   society   or   made  sectarian  by  the 
school  district  board. 


Proof  of  qualification. — Seh.   Dist.    v.   Cook,   47/112. 
5 


34  STATE  OF  MICHIGAN. 


Board  to  (57)     §  5679.     SEC.  12.     Said  board  shall  present  to  the 

district,  at  each  annual  meeting,  a  report  in  writing,  contain- 
ing an  accurate  statement  of  all  moneys  of  the  district  re- 
ceived by  them,  or  any  of  them,  during  the  preceding  year, 
and  of  the  disbursements  made  by  them,  with  the  items  of 
contents  of.  such  receipts  and  disbursements.  Such  report  shall  also  con- 
tain a  statement  of  all  taxes  assessed  upon  the  taxable  prop- 
erty of  the  district  during  the  preceding  year,  the  purposes 
for  which  such  taxes  were  assessed,  and  the  amount  assessed 
for  each  particular  purpose,  and  said  report  shall  be  entered 
by  the  director  in  the  records  of  the  district. 

Board  (58)     §  5680.     SEC.  13.    The  district  board  shall  hire  and 

teachers.         contract  with   such   duly  qualified   teachers   as  may  be   re- 
contracts.       quired ;  and  all  contracts  shall  be  in  writing  and  signed  by  a 
rehisterto       majority  of  the  board  in  behalf  of  the  district.     Said  con- 
befkept.  °       tracts  shall  specify  the  wages  agreed  upon  and  shall  require 
the  teacher  to  keep  a  correct  list  of  the  pupils,  grading  and  the 
Record  of        age  of  each,  attending  the  school,  and  the  number  of  days 
each  pupil  is  present,  the  aggregate  attendance,  average  daily 
attendance,  and  percentage  of  attendance,  and  to  furnish  the 
director  with  a  correct  copy  of  the  same  at  the  close  of  school. 
Contract  to      Said  contract  shall  be  filed  with  the  director  and  a  duplicate 
Teacher  must  COP^  °^  the  contract  shall  be  furnished  to  the  teacher.     No 
contract    with    any    person    not    holding    a  legal  certificate 
of  qualification  then  authorizing  such  person  to  teach  shall 
be  valid,  and  all  such  contracts  shall  terminate  if  the  certifi- 
cate shall  expire  by  limitation  and  shall  not  immediately  be 
renewed,  or  if  it  shall  be  suspended  or  revoked  by  proper  legal 
defined  m°nth  autnoritv-    A  school  month  within  the  meaning  of  the  school 
laws  shall  consist  of  four  weeks  of  five  days  in  each  week, 
unless  otherwise  specified  in  the  teacher's  contract. 

HIRE  AND  CONTRACT :  The  district  in  its  corporate  capacity  is  a  neces- 
sary party  to  the  contract. — Wall  v.  Eastman,  1/270.  A  teacher  can  be 
lawfully  employed  only  by  convening  the  board. — iHazen  v.  Lerche,  47/626. 
Contracts  may  be  made  before  beginning  of  the  school  year.— £3ch.  Dist.  v. 
Cook,  47/112;  Tappan  v.  Sch.  Dist,  44/500;  Cleveland  v.  Amy,  88/376; 
Farrell  v.  Sch.  Dist,  98/45.  The  power  to  employ  teachers  conferred  upon 
district  boards  of  primary  schools  by  this  section  is  co-extensive  with  that 
conferred  upon  the  Jaoards  of  trustees  of  graded  schools  by  section  122. 
— Id.  376.  Where  a  contract  was  signed  by  the  director  and  the  teacher,  the 
moderator  wrote  "approved"  upon  it  and  subscribed  it  as  moderator,  such 
approval  and  signature  was  treated  as,  in  legal  effect,  a  signing  of  the  con- 
tract.— Everett  v.  Sch.  Dist.,  30/249.  When  the  contract  is  signed  by  a 
majority  of  the  board  only. — Crane  v.  Sch.  District,  61/299.  Simultaneous 
signing  is  not  necessary. — Holloway  v.  Sch.  Dist.,  62/155 ;  Everett  v.  Sch. 
Dist,  30/249.  It  is  the  business  of  school  districts  to  keep  up  public 
schools,  and  it  is  the  duty  of  the  officers  to  provide  teachers  and  to  make 
contracts  with  them.  It  is  their  duty  to  know  under  what  conditions  a 
teacher,  whom  they  know  to  be  teaching,  claims  to  act. — Holloway  v.  Sch. 
Dist.,  62/155.  A  teacher  has  a  right  to  suppose  his  contract  to  be  a  valid 
one  when  it  is  signed  by  a  sufficient  number  of  officers  and  he  is,  with  the 
personal  knowledge  of  the  whole  board,  permitted  and  encouraged  to  go  on. 
— Id.  156.  A  contract  valid  on  its  face,  actually  carried  out  in  full  with  the 
acquiescence  of  all  concerned,  cannot  be  subsequently  repudiated. — Id.  The 
provision  that  the  contract  shall  require  the  teacher  to  keep  a  list  of  the 
pupils,  etc.,  is  merely  directory.  Its  omission  will  not  invalidate  the  con- 
tract.— (Everett  v.  Sch.  Dist,  30/249.  A  district  school  board  cannot  dis- 
charge a  teacher  for  incompetency,  in  the  absence  of  a  provision  to  that 
effect  in  the  contract. — Carver  v.  Sch.  Dist,  113/524.  Where  a  contract 
has  been  terminated  by  the  board,  mandamus  will  not  lie  to  review  "the 
board's  action  and  compel  payment  of  salary  claimed  under  the  contract. — 


GENERAL  SCHOOL  LAWS.  35 


Co  in  v.  Detroit  Bd.  of  Ed.,  114/342;  Langston  v.  Sch.  Dist.  No.  3  of 
Sp  ingwells,  121/654.  A  resolution  to  hire  does  not  constitute  a  contract. 
Al  contracts  must  be  in  writing. — Langston  v.  Sch.  Dist.  No.  3  of  Spring- 
we  .s,  121/654. 

QUALIFIED  TBAOHHR:  A  teacher  suing  for  his  wages  need  not  make 
pr  :ert  of  his  certificate,  but  the  granting  of  it  may  be  proved  by  parol. — 
Sc  .  Dist.  v  Cook,  47/112.  Normal  school  certificate  not  filed  or  recorded 
In  the  proper  office  (see  How.  4909)  until  after  contract  made. — Smith  v. 
S<  .  Dist.,  C9/r>91.  Since  the  statute  makes  invalid  a  contract,  where  the 
to.  .-her  holds  no  legal  certificate,  such  contract  cannot  be  made  the  basis  of 
a  ecovery  of  salary. — 'Bryan  v.  Sch.  Dist.,  111/67. 

HOLIDAYS  AND  INTERRUPTIONS:  Teaching  contracts  for  stated  periods 
ar  subject  to  the  observance  of  recognized  holidays  and  there  can  be  no 
do  uctions  for  such  occasions  from  a  teacher's  wages. — Sch.  Dist.  v.  Gage, 
38  484 ;  Holloway  v,  Sch.  Dist,  62/156.  Suspension  of  school  during  the 
pr  valence  of  smallpox  is  no  defense  to  the  payment  of  the  teacher's  wages 
fo  the  time  the  school  is  closed. — ODewey  v.  Sch.  Dist.,  43/480.  Payment 
of  wages  after  the  burning  of  the  schoolhouse. — (Smith  v.  Sch.  Dist.,  69/589. 

CONTRACTS :  Under  this  section,  providing  that  school  teachers'  con- 
tr  cts  shall  be  in  writing,  and  signed  by  a  majority  of  the  district  board,  and 
sh  .11  specify  the  wages,  etc.,  a  resolution  of  a  school  board  authorizing  the 
en  ployment  of  a  specified  person,  though  supplemented  by  conversations  be- 
tv  »en  such  person  and  individual  members  of  the  board  in  respect  to  the 
te  ms  of  employment,  and  by  the  action  of  the  person  designated  in  appear- 
in  at  the  school  at  the  opening  of  the  term,  and  teaching  for  two  days 
w  :hout  objection,  does  not  constitute  a  contract  of  hiring  binding  upon  the 
di  trict. — Langston  v.  Sch.  Dist.  No.  3  of  Springwells  Twp.,  121/654.  Under 
a  teacher's  contract  providing  that  she  should  teach  certain  terms  at  a 
st  pulated'  salary  "providing  satisfaction  is  given  to  the  school  board"  the 
b(  ird  had  a  right  to  say  whether  she  should  teach  the  spring  term,  and 
si  >  having  been  notified  of  their  determination  not  to  employ  her  before 
tl  »  time  for  the  term  to  commence  she  could  not  recover  her  salary  though 
bt  'ore  notice  she  had  taught  .one  day  under  a  claim  that  the  spring  term 
h<-  d  begun. — Kingston  v.  Sch.  Dist.  No.  5,  Decatur  Twp.,  140/603.  When 
a  teacher's  contract  provides  that  it  may  be  terminated  on  thirty  days' 
n<  tice,  a  notice  to  terminate  is  effectual  though  given  before  the  commence- 
m  >nt  of  service  and  it  is  within  the  powers  of  the  board  of  education  to 
m  ike  such  contract. — Dees  v.  Board  of  Education  of  Detroit,  146/64.  Under 
tl  e  above  section,  requiring  all  contracts  by  school  district  boards  with 
te  ichers  to  be  in  writing,  an  oral  contract  with  a  teacher  to  continue  the 
P(  hool  for  a  month,  after  the  expiration  of  his  written  contract  is  not  enforce- 

Rle    though    such    teacher    has    performed    the    services. — Hutchins    v.    School 
Vo.    1    of   Colfax    Township.    128/177. 
TS    AND    nrALIKIKD     TKACHERS :      A     contract     between     a 
icher  and  a  graded  school  district  is  invalid,    unless    the    teacher,    at    the 
ti  nc    of    making    the    contract    has    the    certificate    required    by    section    290, 
ai.thorizing  her   to   teach   during  the   term  covered   by   the  contract;    obtaining 
a  certificate  after  the  making  of  the   contract,  and   before  the  commencement 
ol    school,  is  not   a    compliance  with  the  statute. — McCloskey  v.  Sch.  Dist.  No. 
iland,   134/235. 


(59)     §  5681.    SEC.  14.    The  district  board  shall  provide  a  careanduse 
\\ater  supply  for  pupils,   have  the  care  and  custody  of  the  house.001 
school  house  and  oilier  property  of  the  district,  except  so  far 
as  the  same-  shall  by  vote  of  the  district  be  especially  con- 
fided to  the  custody  of  the  director,  including  all  books  pur- 
chased for  the  use  of  indigent  pupils,   and   shall  open   the 
s  -hool  house  for  public  meetings  unless  by  a  vote  at  a  district 
rie»'tiu«r   it   shall   be   determined   otherwise:   Provided,    That  Board  may 
said  board  may  exclude  such  public  meetings  during  the  five  m2ting?atUc 
x  hoid  days  of  each  week  of  any  and  all  school  terms,  or  such  certain  times- 
j  arts  thereof  as  in  their  discretion  they  may  deem  for  the 
test  interest  of  the  schools. 

,-• 


The  board  has  th<-  .  ;m>  ;unl  custody  of  all  the  property  and  moneys  of 
-  district,  except  what  may  i»-  c-sprri;iiiy  confided  to  the  director. — (Maynard 
Wondwanl.  86/424;  Kkhanit  v.  I'arl.y.'  11^/199. 


(60)'    §  5682.     SEC.  15.      In   addition  to  the  branches  in  Branches  of 
which  instruction  is  now  required  by  law  to  be  given  in  the  In 
public  schools  of   the  state,   instruction   shall    be    given    in 
physiology  and  hygiene,  with  a  special  reference  to  the  nature 


36 


STATE   OF  MICHIGAN. 


Text-books. 


Teacher  to 
certify. 


of  alcohol  and  narcotics,  and  their  effects  upon  the  human 
system.  Such  instruction  shall  be  given  by  the  aid  of  text- 
books in  the  case  of  pupils  who  are  able  to  read,  and  as 
thoroughly  as  in  other  studies  pursued  in  the  same  school. 
The  text-books  to  be  used  for  such  instruction  shall  give  at 
least  one-fourth  of  their  space  to  the  consideration  of  the 
nature  and  effects  of  alcoholic  drinks  and  narcotics,  and  the 
books  used  in  the  highest  grade  of  graded  schools  shall  con- 
tain at  least  twenty  pages  of  matter  relating  to  this  subject. 
Text-books  used  in  giving  the  foregoing  instruction  shall  first 
be  approved  by  the  state  board  of  education.  Each  school 
board  making  a  selection  of  text-books  under  the  provisions 
of  this  act  shall  make  a  record  thereof  in  its  proceedings,  and 
text-books  once  adopted  under  the  provisions  of  this  act  shall 
not  be  changed  within  five  years,  except  by  the  consent  of  a 
majority  of  the  qualified  voters  of  the  district  present  at  an 
annual  meeting  or  at  a  special  meeting  called  for  that  pur- 
pose. The  district  board  shall  require  each  teacher  in  the 
public  schools  of  such  district,  before  placing  the  school 
register  in  the  hands  of  the  directors,  as  provided  in  section 
thirteen  of  this  act,  to  certify  therein  whether  or  not  instruc- 
tion has  been  given  in  the  school  or  grade  presided  over  by 
such  teacher  as  required  by  this  act,  and  it  shall  be  the  duty 
of  the  director  of  the  district  to  file  with  the  township  clerk 
a  certified  copy  of  such  certificate.  Any  school  board  neg- 
lecting or  refusing  to  comply  with  any  of  the  provisions  of 
this  act  shall  be  subject  to  fine  or  forfeiture  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  its  office.  This  sec- 
tion shall  apply  to  all  schools  in  the  state,  including  schools 
in  cities  or  villages  whether  incorporated  under  special  char- 
ter or  under  the  general  laws. 

Western  Pub.  House  v.  Sch.  Dist,  94/265.  This  section  applies  to  city 
schools  organized  under  a  special  charter  which  does  not  provide  for  an  annual 
school  meeting. — Jones  v.  Board  of  Ed.  of  Detroit,  88/373.  The  power  to 
adopt  text-books  is  conferred  by  law  and  cannot  be  affected  by  any  rule  of 
the  board  of  education  fixing  a  time' for  the  reconsideration  of  motions  and 
resolutions. — ild.  347.  As  to  suspension  of  by-law  regulating  adoption  of 
text-books,  see  Kendall  v.  Board  of  Education,  106/681. 

TEXT-JBOOKS :  The  provision  of  the  law  that  text-books  once  adopted 
shall  not  be  changed  within  five  years,  was  designed  t'o  protect  the  public 
and  not  for  for  the  benefit  of  book  publishers.  A  resolution  of  the  board  direct- 
ing the  purchase  of  a  specified  number  of  text-books  for  use  in  the  school 
constituted  an  adoption  of  that  book.  The  five  years  began  to  run  from 
the  date  of  such  resolution,  not  from  the  time  the  books  were  completely 
installed  in  the  school.  The  provisions  of  the  statute  that  all  text-books 
shall  be  uniform  on  any  one  subject,  requires  uniformity  in  the  books  used 
in  the  same  grade  only,  and  does  not  require  that  all  text-books  used  in  the 
different  grades  on  the  same  subject  shall  be  of  the  same  series.  A  resolution 
of  the  board  to  purchase  certain  text-books  for  "supplementary  use"  shows 
no  intention  to  adopt,  and  is  illegal  and  void. — Att'y  Gen.  ex  rel.  Marr  v. 
Bd.  Edu.  Detroit,  133/681.  Under  the  local  act  creating  it  (Act  233  of  1869) 
the  Detroit  board  of  education  cannot  buy  school  books  for  high  school  students 
and  sell  them  at  cost. — Attorney  General  v.  Board  of  Education,  175/438. 

(61)  §  5683.  SEC.  16.  The  district  board  may  purchase 
at  the  expense  of  the  district,  such  text-books  as  may  be  neces- 
sary for  the  use  of  children  when  parents  are  not  able  to 
furnish  the  same,  and  they  shall  include  the  amount  of  such 


Penalty. 


Application 
of  act. 


Purchase  of 
books  for 
poor  children. 


GENERAL  SCHOOL  LAWS.  37 

]  urchase  in  the  report  to  the  township  clerk  or  clerks,  to  be 

•vied  in  like  manner  as  other  district  taxes. 

Mil' i  $  :>r,s|.  Si:c.  IT.  The  district  board  shall  have  the  Board  to 
enenil  care  of  the  school,  and  shall  make  and  enforce  suit- rules  for 
hie  rules  and  regulations  for  its  government  and  manage-  scnools- 

i  lent,  and  for  the  preservation  of  the  property  of  the  district. 

•laid  board  may  authorize  or  order  the  suspension  or  expul- May  suspend 
ion   from   the  school,  whenever  in  its  judgment  the  interests  disorderly 
T  the  school  demand  it,  of  any  pupil  guilty  of  gross  misde- pupils- 
icanor   or    persistent   disobedience.      Any    person   who    shall  Penalty  for 
(isturb  any  school  by  rude  and  indecent  behavior,  or  by  pro-  school.  n| 
a iic  or  indecent   discourse,  or  in  any  other  way  make  such 
list u rba nre,  shall,  on  conviction  thereof,  be  punished  by  a 
ine  not  less    than   two   nor  more  than   fifty  dollars,   or  by 
mprisonnient  in  the  county  jail  not  exceeding  thirty  days. 

KX1TL siox  :  It  is  not  necessary  that  a  pupil  be  guilty  of  a  criminal  act 
•efore  he  can  be  suspended  or  expelled  from  school.  He  must  be  guilty  of 
nine  wilful  or  malicious  act  of  detriment  to  the  school  and  the  misconduct 
mist  l»e  H  'thing  more  than  a  petty  or  trivial  offense  against  the 

•ules — or  he  must  he  persistent  in  his  disobedience  of  the  proper  and  reason- 
ihle  rules  and  regulations  of  the  school.  A  boy  cannot  be  expelled  or  sus- 
pended for  a  careless  act,  no  matter  how  negligent,  if  it  is  not  wilful  or 
Malicious. — Hidman  v.  Sell.  Dist..  77/609. 

M  !S1>1-:.M  KA.NOR  :  The  meaning  of  the  word  "misdemeanor"  in  this  sec- 
tion is  cross  misconduct  or  gross  misbehavior,  not  necessarily  a  criminal  act. 
MM: man  v.  Sch.  Dist.,  77/606-7. 


'l'ii.-  ruling  of  the  school  hoard  of  18JH  required  all  children  to  be  vaccinat- 
ed before  attending  the  public  school.  George  Mathews,  having  three  chil- 
dren <.f  school  age,  who  had  not  been  vaccinated,  brought  mandamus  pro- 
cerdings  in  the  circuit  court  to  compel  the  school  board  to  admit  the  chil- 
dren to  the  puhlic  school.  Held,  that  school  board  under  this  section  had  no 
authority  t<.  compel  children  to  be  vaccinated  before  entering  public  school. 
It  is  the  ..pinion  of  the  court,  however,  that  in  case  there  had  been  an  epi- 
demic of  smallpox  in  the  city  at  that  time  the  h-.ard  would  have  the  authority 
to  temporarily  close  the  school,  or  say  who  shall  be  excluded  from  the  school 
until  the  epidemic  is  passed.  A  school  district  board,  by  virtue  of  the  auth- 
ority conferred  on  it  hy  statute  to  enact  rules  for  the  management  of  the 
schools,  has  no  power  to  adopt  a  general,  continuing  rule,  operative  without 
re-mi  to  varying  conditions,  excluding  from  the  schools  all  pupils  who  have 
"«. t  1 n  vaccinated. — Mathews  v.  Kalamazoo  Board  of  Education,  127/530. 

Kt'LKS:  A  hoard  of  education  under  authority  of  the  statute  has  power 
to  make  rules  requiring  children  to  go  directly  home  after  school.  A  prin- 
cipal is  not  liable  for  damages  who  enforces  such  a  rule. — Jones  v.  Codv. 
1  t»L  / 1 . » . 

«:::>  £  r>r,sr>.  Si:<\  IS.  All  persons  residents  of  any  school 
district,  and  live  years  of  jige,  shall  have  an  equal  right  to 

attend  anv  school   therein;  ami   no  separate  school  or  <  lei  >art-  N°  separate 

,      :.    ,        .  school  on 

ment    shall    he   Kept   tor  any   persons   on  account  of   race  or  account  of 

color:   Provided,  That    this  shall   not   be  construed   to  prevent  race' et 
the  grading  of  schools  according  )<>   ihe  intellect ual   progress 
<»!'  the  pupil,  to  he  laugh  1  in  separate  places  as  may  he  deemed 
expedient. 

It    is  the  requirement    ,,f  n,,.  ^,-neral   law   that    the  right    to  attend   the  schools 
il      '  '1      i-quallv    and      impartially     by    all      classes    of      residents. — 

ople  v.  Detroit  r.d.  of  I-M..  i>  n:;.     And* mandamus  will  lie  at  the  instance 

a  father  to  coin]. el  ih.-  admission  of  his  child  to  school. — Id.  But  chil- 
Iren.  not  hmia  tide  residents  of  a  family  in  a  school  district  but  inmates  in 
in  Institution  of  a  charitable  nature  in  such  district,  engaged  in  supporting 
iml  educating  homeless  and  needy  minors,  and  which  does  not  contrihute  hv 
frying  taxes  to  the  maintenance  of  district  schools,  are  not  entitled  to  attend 
•hool  in  a  district  which  has  determined  not  to  admit  non-resident  pupils. — 
nu  v.  \>\<i.  r.d.  of  Dist.  No.  -2,  Kalama/.oo  Township,  179/171. 


38 


STATE  OF  MICHIGAN. 


District 
boards  may 
admit  non- 
resident 
pupils. 


Children  who 
are  a  county 
charge  to  be 
admitted. 


Duties. 
To  preside. 


Countersign 
orders,  etc. 


When  to 
bring  suit 
on  treas- 
urer's bond. 


(64)  §  5686.     SEC.  19.     The  district  board  may  admit  to 
the  district  school  non-resident  pupils,   and  may  determine 
the  rates  of  tuition  of  such  pupils  and  collect  the  same,  which 
tuition  shall  not  be  greater  than  fifteen  per  cent  more  than 
the  average  cost  per  capita  for  the  number  of  pupils  of  school 
age  in  the  district.     Children   who  are  being  cared  for  at 
county  expense  shall  be  admitted  to  the  school  in  the  district 
whose  schoolhouse  is  nearest  the  county  house,  on  the  same 
terms   that  other  non-resident  pupils  are  admitted.     When 
non-resident  pupils,  their  parents  or  guardians,  pay  a  school 
tax  in  said  district,   such  pupils   shall  be  admitted   to   the 
schools  of  the  district,  and  the  amount  of  such  school  tax 
shall  be  credited  on  their  tuition  a  sum  not  to  exceed  the 
amount  of  such  tuition,  and  they  shall  only  be  required  to  pay 
tuition  for  the  difference  therein. 

TUITION :  Before  any  action  can  be  maintained  for  the  tuition  of  non- 
resident pupils,  the  district  board  must  first  fix  and  determine  the  rate  of 
tuition  of  such  pupils,  by  resolution  of  the  board  properly  recorded  by  the 
director  in  the  records  of  the  district. — 'Thompson  v.  Sch.  Dist.,  25/4:83. 

MODERATOR. 

(65)  §  5687.    SEC.  20.    It  shall  be  the  duty  of  the  moder- 
ator of  each  school  district : 

First,  To  preside,  when  present,  at  all  meetings  of  the  dis- 
trict and  of  the  board; 

Second,  To  countersign  all  orders  legally  drawn  by  the  di- 
rector upon  the  treasurer  for  moneys  to  be  disbursed  by  the 
district,  and  all  warrants  of  the  director  upon  the  township 
treasurer  for  moneys  raised  for  district  purposes,  or  appor- 
tioned to  the  district  by  the  township  clerk ; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond,  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  perform  such  other  duties  as  are  or  shall  be  by 
law  required  of  the  moderator. 

SECOND :  Countersigning  orders.— Wall  v.  Eastman.  1/268 ;  Sch.  Dist. 
v.  Mallary,  22/111.  The  moderator  has  the  right  to  satisfy  himself  that 
the  claim  for  which  the  order  was  drawn  is  a  valid  one. — -Stockwell  v.  White 
Lake  Twp.  Bd.,  2'2/3i41  ;  People  v.  Bender,  36/195.  But  it  must  be  a  very 
plain  case  of  wrong  where  the  moderator  can  refuse  to  enable  the  district 
to  obtain  its  own  funds. — People  v.  Bender,  3'6/197.  The  director  is  a  proper 
relator  for  mandamus  to  compel  the  moderator  to  countersign. — Id.  Where 
an  order  purports  upon  its  face  to  be  issued  by  a  school  district,  and  is  sign- 
ed by  the  school  officers  in  the  ordinary  place  for  signatures,  and  at  tlie  left, 
in  fine  print,  are  the  words,  "Issued  by  authority  of  the  officers  of  said  dis- 
trict, and  payment  guaranteed,"  and  a  space  left  underneath  for  the  siu-n- 
tures  of  the  guarantors,  Held,  That  the  purchaser  took  the  order  subject  to 
the  authority  of  the  school  district  to  issue.  That  such  sch  >ol  officers  arc 
not  liable  as  guarantors. — Bailey  v.  Tompkins,  127/74. 


Director, 
duties. 


DIRECTOR. 

(66)  §  5688.  SEC.  21.  It  shall  be  the  duty  of  the  director 
of  each  school  district: 

First,  To  act  as  clerk,  when  present,  at  all  meetings  of  the 
district  and  of  the  board; 


GENERAL  SCHOOL  LAWS.  39 


_ond,  To  record  the  proceedings  of  all  district  meetings,  TO  record 
iiid  the  minutes  of  all  meetings,  orders,  resolutions  and  other  pro 
>roceedings  of  the  board  in  proper  record  books ; 

Third,  To  give  the  prescribed  notice  of  the  annual  district  Notice  of 
neeting,  and  of  all  such  special  meetings  as  he  shall  be  re- r 
piired  to  give  notice  of  in  accordance  with  the  provisions  of 

I  aw; 
Fourth,   To  draw   and   sign   warrants   upon   the  township  warrants 
:reasurer  for  all  moneys  raised  for  district  purposes,  or  ap- a 
portioned  to  the  district  by  the  township  clerk,  payable  to 
the  treasurer  of  the  district,  ami  orders  upon  the  treasurer 
for  all  moneys  to  be  disbursed  by  the  district,  and  present 
them  to  the  moderator,  to  be  countersigned  by  that  officer. 
Hack  order  shall  specify  the  object  for  which  and  the  fund 
upon  which  it  is  drawn; 

Fifth,  To  draw  and  sign  all  contracts  with  teachers,  when  Teachers' 
directed  by  the  district  board,  and  present  them  to  Hie  other  w 
members  of  the  board  for  further  signature; 

Sixth,  To  provide  the  necessary  appendages  for  the  school  Appendages, 
house  and  keep  the  same  in  good  condition  and  repair  during 
the  time  school  shall  be  taught  therein.     Necessary  append-  what 
ages  within  the  meaning  of  the  law  shall  consist  of  the  follow-  cc 
ing  articles,  to-wit:  A  set  of  wall  maps,  the  grand  divisions, 
the  United  States  and  Michigan,  not  exceeding  twelve  dollars 
in  price,  a  globe  not  exceeding  eight  dollars,  a  dictionary  not 
exceeding  ten  dollars,  a  reading  chart  not  exceeding  five  dol- 
lars, and  a  case  for  library  books  not  exceeding  ten  dollars; 
also  a  looking-glass,  comb,  towel,  water  pail,  cup,  ash  pail, 
poker,  stove  shovel,  broom,  dust  pan,  duster,  wash  basin  and 
soap,  and  upon  the  order  of  the  district  board  shall  furnish  the 

I  school  house  with  such  other  apparatus  as  may  be  necessary  °ther 
•         i    .  /K.    .  J  apparatus. 

for  doing  efficient  work; 
Seventh,  To  keep  an  accurate  account  of  all  expenses  in- 
curred  by  him  as  director,  and  such  accounts  shall  be  audited 
by  the  moderator  and  treasurer,  and  on  their  written  order 
shall  be  paid  out  of  any  money  provided  for  the  purpose; 

Kighth,  To  present  at  each  annual  meeting  an  estimate  of  Estimate  of 
I  lie  expenses  neressary  to  be  incurred  during  the  ensuing  year  e> 
liv   I  he  director  as  provided  by  law,  and  for  the  payment  of 
the  services  of  any  district  officer; 

Ninth,  To  preserve  and  file  copies  of  all  reports  made  to  TO  preserve 
the  school  inspectors  and  safely  preserve  and  keep  all  books,  r< 
papers  and  other  documents  belonging  to  the  office  of  director 
or  to  the  district,  when  not  otherwise  provided  for,  and  to 
deliver  the  same  to  his  successor  in  office; 

Tenth,  To  perform  such  other  duties  as  are  or  shall  be  re-  other  duties, 
quired  of  the  director  by  law  or  the  district  board. 


si;r<>M>:     Prori'i'dinjis  which  an-  required  to  be  recorded  cannot  be  prov.i 
by  parol.  —  Thompson  v.    S(-h.    I>i<t..      " 


FOURTH:     The   warrant    for   payment   by    the    tn-isuror   to    11;<-   nss.-ss   r   nf 
moneys  belonging  to  th<>  district  is  an  official  order  for  the  transfer  of  funds, 


40 


STATE   OF  MICHIGAN. 


not  negotiable  and  not  legally  payable  to  any  person  but  the  officer  named. — 
Fox  v.  Shipman,  19/218 ;  Burns  v.  Bender,  3'6/195.  See  Sen.  Dist.  v.  Mal- 
lary,  23/111  ^  Sen.  Dist.  v.  Sen.  Dist.,  40/551.  The  duty  of  procuring  this 
transfer  of  district  moneys,  within  some  reasonable  time  is  not  discretionary, 
but  absolute,  upon  the  director,  and  the  moderator  is  bound  to  countersign 
all  orders  of  the  director  for  that  purpose. — Burns  v.  Bender.  36/197.  The 
township  treasurer  must  pay  so  much  of  the  money  in  his  hands  as  is  cov- 
ered by  the  director's  warrant  in  proper  form,  even  though  it  does  not  specify 
a  precise  sum,  but  is  for  all  such  money  in  his  hands  as  was  raised  for  the 
purposes  of  the  district. — Bryant  v.  Moore,  50/225.  The  disbursement  of  all 
school  moneys  must  be_  made  upon  orders  drawn  on  the  assessor  by  the  direc- 
tor, countersigned  by  the  moderator. — Burns  v.  Bender,  36/195;  Midland  Sen. 
Dist.  v.  Sen.  Dist.,  40/551;  Sch.  Dist.  v.  Mallary,  23/111. 

SIXTH:  See  section  46,  subd.  7.  See,  also  Sch.  Dist.  v.  Snell,  24/350; 
Cent.  Sch.  Supply  House  v.  Sch.  Dist.,  99/402.  Removal!  of  director  from 
office  for  persistent  refusal  and  neglect  to  put  the  furniture,  etc.,  of  the  school 
house  in  order  and  repair. — Twp.  Board  of  Harntramck  v.  Holihan,  46/127. 

SEVENTH :  Assumpsit  will  lie  in  favor  df  the  director  of  a  school  dis- 
trict on  a  disputed  claim,  the  moderator  and  assessor  having  declined  to  pass 
upon  the  same  as  an  entirety  under  this  subdivision. — Van  Wert  v.  Sch.  Dist., 
100/332. 

EIGHTH  :  Prior  to  l'S'59,  no  provisions  of  law  existed  for  paying  any  of 
the  officers  for  services  rendered. — Hinman  v.  'Sen.  Dist.,  4/168. 


Annual 

school 

census. 


How  and 
when  taken. 


How  lists 
verified. 


Compensa- 
tion. 


How  taken 
in  certain 
cities. 


(67)  §  5689.  SEC.  22.  There  shall  be  taken  annually  in 
each  school  district  of  this  state  a  school  census  in  the  manner 
provided  in  this  section : 

First,  In  all  school  districts,  except  in  incorporated  cities 
having  a  population  of  three  thousand  or  over  and  except  in 
counties  having  a  population  of  two  hundred  fifty  thousand  or 
over,  within  fifteen  days  next  previous  to  the  first  day  in 
June  of  each  year,  the  director,  or  some  other  reputable  and 
capable  person  shall  be  appointed  by  the  district  board  to 
take  the  school  census  of  the  district  and  make  a  list  in 
writing  of  the  names  and  ages  of  all  the  children  who  are 
five  years  of  age,  and  under  twenty  years  of  age,  whose  par- 
ents or  legal  guardians  reside  therein,  the  names  of  said  par- 
ents or  guardians,  giving  street  and  residence  number  in  vil- 
lages and  cities,  in  such  form  as  the  superintendent  of  public 
instruction  may  prescribe,  and  said  list  shall  be  verified  by 
the  oath  or  affirmation  of  the  person  taking  such  census,  by 
affidavit  appended  thereto  or  endorsed  thereon,  setting  forth 
that  the  person  or  persons  taking  such  census  made  a  house 
to  house  canvass  of  the  entire  district  or  portion  thereof 
canvassed  by  said  enumerator  and  that  it  is  a  correct  list  of 
the  names  of  all  the  children  between  the  ages  aforesaid  re- 
siding in  the  district.  Said  affidavit  may  be  made  before  the 
township  clerk  or  other  officer  authorized  by  law  to  take 
acknowledgments;  and  said  verified  census  list  shall  be  re- 
turned with  the  annual  report  of  the  director  to  the  town- 
ship clerk  before  the  first  Monday  in  August  thereafter.  The 
director,  or  other  person  employed  by  the  board  of  education, 
may  receive  as  compensation  for  taking  said  census,  such 
sum  as  the  school  board  may  direct  not  exceeding  one  hun- 
dred dollars; 

Second,  In  all  incorporated  cities  or  special  legislative  dis- 
tricts having  a  population  of  three  thousand  or  over,  within 
twenty  days  next  previous  to  the  first  day  in  June  of  each 
year,  the  secretary  of  the  board  of  education,  or  other  reput- 


GENERAL  SCHOOL 


a   le  and  capable  person  or  persons  employed  by  the  board  of 
e  ucation,  shall  take  the  school  census  of  said  city  as  follows: 

(a)     The  census  shall  be  taken  and  reported  by  wards; 

MM  Kadi  enumerator  shall  make  a  list  ill  writing  of  the 
n  nnes  ami  ages  of  all  children  who  are  five  years  of  age  and 
n  ider  t \veniy  years  of  age,  whose  parents  or  legal  guardians 
r  -side  in  the  ward  or  portion  of  the  ward  allotted  to  said 
c  mineral  or.  together  with  the  names  of  said  parents  or  legal 
<:  lardians.  giving  the  street  and  residence  number  in  each 
ciso.  said  list  to  be  in  such  form  as  the  superintendent  of 
]  nblic  instruction  may  prescribe,  and  it  shall  be  verified  by 
t  le  oath  or  ailirmation  of  the  person  making  the  same,  by 
;  Hidavit  appended  thereto  or  indorsed  thereon,  setting  forth 
1  lat  the  person  or  persons  taking  such  census  made  a  house 
t  >  house  canvass  of  the  entire  ward  or  portion  thereof  can- 
>  asse*  1  by  <aid  enumerator  and  that  it  is  a  correct  list  of  the 
1  arents  or  legal  guardians,  their  street  and  residence  num-  , 
1  er,  the  names  and  ages  of  all  the  children  of  the  ages  afore- 
said residing  in  the  ward  or  part  thereof  as  allotted  to  him; 

Third,   In   taking  the  census  in  anv  school  district  or  city  chil!in;n  . 

•*   not  included. 

he  director  or  enumerators  shall  not  include  in  the  census 

he  names  of  any  child  or  children  in  reformatories  or  prisons; 
ior  the  names  of  anv  child  or  children  in  asylums,  alms- 
lonses.  or  other  charitable  institutions  except  as  follows: 

iai  Children  in  such  institutions  and  children  living  in 
lie  school  district  placed  in  homes  licensed  by  the  state  board 
»f  corrections  and  charities  who  regularly  attend  the  public 
•schools : 

ibi  Orphans  whose  parents  at  the  time  of  death  resided 
in  such  school  district  or  city.  Children  of  either  class  shall 
be  included  in  the  district  or  ward  where  such  institution  is 
located,  except  children  in  class  (a)  where  the  parents  or 
either  of  them  reside  in  the  city  or  district,  and  in  such  cases 
the  legal  residence  of  the  child  is  that  of  the  parent,  except 
children  placed  in  homes  licensed  by  the  state  board  of  correc- 
tions and  charities  which  children  shall  be  considered  resi- 
dents of  the  school  district  where  the  licensed  home,  in  which 
they  are  living,  is  located.  The  school  board  of  a  school  dis- 
trict where  a  licensed  home  is  located  shall  refuse  to  include 
in  the  census  list  of  said  district  the  names  of  children  being 
cared  for  in  said  licensed  home  whenever  said  school  board  IS 
served  with  a  written  notice  by  the  superintendent  of  public 
instruction  that  the  school  room  or  rooms  of  said  school  dis- 
trict are  inadequate  for  school  purposes,  and  that  no  greater 
number  of  names  of  such  children  shall  be  included  in  the 
census  list  of  (lie  district  than  (he  Dumber 'designated  by  the 
said  superintendent  of  public  instruction.  All  other  such 
children  being  cared  for  in  said  licensed  home  or  homes  locat- 
ed in  said  district  shall  not  be  considered  residents  of  said 
district  for  educational  purposes.  Indian  children  shall  not 


42 


STATE   OF  MICHIGAN. 


Compilation. 


Affidavit 
attached. 


When  trans- 
mitted. 


In  certain 
counties,  etc. 
how  taken. 


be  included  in  any  census,  unless  they  attend  the  public 
schools,  or  their  parents  are  liable  to  pay  taxes  in  the  district 
or  city.  Domestics,  bell  boys,  and  other  servants,  if  entitled 
to  be  included  in  the  census,  must  be  recorded  at  the  residence 
of  their  parents  or  legal  guardians; 

Fourth,  In  cities  having  a  population  of  three  thousand 
or  over,  the  secretary  of  the  board  of  education  and  the  sev- 
eral enumerators  shall,  immediately  after  the  first  day  in 
June  of  each  year,  compare,  correct  and  compile  the  entire 
census.  The  said  secretary  of  the  board  of  education  shall 
then  attach  thereto  his  affidavit  that  the  several  enumerators 
were  duly  employed  by  the  board  of  education  and  that  said 
census  has  been  properly  compared,  corrected  and  compiled; 
and  forthwith,  and  before  the  second  Monday  in  July  there- 
after, transmit  to  the  superintendent  of  public  instruction  the 
entire  census,  together  with  his  affidavit  and  the  affidavits  of 
the  several  enumerators,  and  at  the  same  time  lie  shall  trans- 
mit to  said  superintendent  of  public  instruction  the  annual 
statistical  and  financial  report  of  said  city  or  district ; 

Fifth,  In  all  school  districts  in  counties  having  a  popu- 
lation of  two  hundred  fifty  thousand  or  over,  the  census 
shall  be  taken  as  follows:  In  all  cities  of  three  thous- 
and or  over,  the  census  shall  be  taken  in  the  manner  pre- 
scribed in  the  foregoing  paragraphs  for  the  taking  of  census 
in  such  cities.  In  all  other  districts  of  said  counties  the 
census  shall  be  taken  as  follows:  Within  fifteen  days  next 
previous  to  the  first  day  in  June  of  each  year,  the  county 
commissioner  of  schools  or  such  other  reputable  and  capable 
person  or  persons  as  he  may  appoint,  shall  take  the  school 
census  of  the  several  districts  in  the  county  and  make  a  list 
in  writing  of  the  names  and  ages  of  all  the  children  who  are 
five  years  of  age,  and  under  twenty  years  of  age,  whose  par- 
ents or  legal  guardians  reside  in  the  respective  districts,  the 
names  of  said  parents  or  guardians,  giving  street  and  resi- 
dence number  in  villages  and  cities,  in  such  form  as  the  super- 
intendent of  public  instruction  may  prescribe,  and  said  list 
.  shall  be  verified  by  the  oath  or  affirmation  of  the  person  tak- 
ing such  census,  by  affidavit  appended  thereto  or  endorsed 
thereon,  setting  forth  that  the  person  or  persons  taking  such 
census  made  a  house  to  house  canvass- of  the  entire  district  or 
portion  thereof  canvassed  by  said  enumerator  and  that  it  is 
a  correct  list  of  the  names  of  all  the  children  between  the 
ages  aforesaid  residing  in  the  district.  Said  affidavit  may  be 
made  before  any  officer  authorized  by  law  to  take  acknowledg- 
ments; and  said  verified  census  list  shall  be  filed  in  the  office 
of  the  county  commissioner  of  schools  before  the  third  Mon- 
day in  June  thereafter.  Immediately  after  the  third  Monday 
in  June  of  each  year,  the  county  commissioner  of  schools  and 
the  several  enumerators,  or  such  other  persons  as  the  county 
commissioner  of  schools  may  appoint,  shall  compare  and 


Correction, 
etc. 


GENERAL  SCHOOL  LAWS.  43 


II 


II 


(  >rred  in  his  office  the  entire  census  taken  by  him  or  by 
c  -lumeralors  appointed  by  him.  The  said  ruminissioner  of 
^•hools  shall  then  attach  to  the  census  lists  of  the  several  stone 
districts  nf  the  county  his  affidavit  that  the  several  enumerat- 
(  rs  were  duly  employed  by  him  and  that  said  census  has  been 
I  roperly  compared  and  corrected  ;  and  forthwith,  and  before 
i  ic  second  Monday  in  September  thereafter,  transmit  to  the 
s  jperintendent  of  public  instruction  the  entire  census  by  dis- 
iricts,  together  with  his  affidavit  and  the  affidavits  of  the 
heveral  enumerators.  The  actual  and  necessary  expense  in- 
i  in-red  by  ihc  commissioner  of  schools  in  taking  the  census  in 

is  own  county  shall  be  audited  and  allowed  by  the  board  of 

upervisors  or  the  county  board  of  auditors. 

Am.    1!»-'1.    Act    10.°,. 

If  was  MM  improper  exorcise  of  the  discretion  of  the  superintendent  of  pub- 
c  instruct  inn  to  njVrt  fr«,m  the  list  of  nnnios  01  school  children,  whose  par- 
-uardians.  ns  shown  in  the-  report  of  the  secretary  of  the  public  schools, 
csid«  (1  in  tin'  district,  and  it  was  unlawful  to  reject  the  names  of  five  children 
•ho  wen-  orphans  attending  school  in  the  city  and  living  with  relatives  that 
hind  in  !  co  pinntis.  Muskegon  Public  Schools  v.  Wright,  176/6. 

I  US)      §  5(11)0.     Si:r.  22a.     Any  person  who  shall  refuse  to 
;ive  anv  census  enumerator  of  school  children  the  necessary  information 

.  J   for  school 

nformation  for  tlie  compiling  of  a  correct  census  or  who  census. 
;hall  intentionally  give  to  such  enumerator  any  false  informa- 
ion  as  to  the  names  or  ages  of  school  children  or  as  to  the 
mines  or  residence  of  I  he  parents  or  guardians  of  any  school 
•hildren.  or  any  school  census  enumerator  who  shall  per- 
'orm  his  duties  carelessly  or  negligently  or  shall  include  in 
the  list  of  names  of  school  children  anv  children  who  are  not 
•(dually  residents  of  the  city  or  district,  shall  be  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  in  a  court  of  com- 
ix-lent jurisdiction,  shall  be  liable  to  a*  fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars,  or  to  imprisonment  in 

I  the  county  jail  for  not  more  than  twenty  days,  or  both  such 
line  and  imprisonment  in  the  discretion  of  the  court. 
!<l!>.      $    :.<i!)l.     Si:c.  23.     The  director  shall   also,   at  the  Report  to 

.      school  inspec- 

end  of    the  school  year,  and  previous  to  the  first  Monday  in  tors,  what  to 
August   in  each  year,  deliver  to  the  township  clerk,  to  be  filed  w 
in  his  office,  a  report   to  the  hoard  of  school  inspectors  of  the 
township,  showing: 

First.  The  whole  number  of  children   belonging  to  the  dis- 

id  between  the  ;iges  of  five  and  twenty  years,  according  to 
the  censii.v  taken  as  aforesaid; 

Second,  The  number  attending  school  during  the  year  under 
ve.  and  also  the  number  over  twenty  years  of  age; 

Third,  The  number  of  non-resident  pupils  of  the  district 
that  have  attended  school  during  the  year; 

Fourth,  The   whole  number  that    have  attended   school  dur- 

g  the  year; 

Fifth,  The  length  of  time  the  school  has  been  taught  dur- 
ing the  year  by  a  ojmlitied  teacher,  the  name  of  each  teacher, 
llie  length  of  time  taught  by  each,  and  the  wages  paid  to  each  ; 


44 


STATE  OF  MICHIGAN. 


Sixth,  The  average  length  of  time  scholars  between  five  and 
twenty  years  of  age  have  attended  during  the  year;  - 

Seventh,  The  amount  of  money  received  from  the  township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

Eighth,  The  amount  of  money  raised  by  the  district,  and 
the  purposes  for  which  it  was  raised; 

Ninth,  The  kind  of  books  used  in  the  school; 

Tenth,  Such  other  facts  and  statistics  in  regard  to  the 
schools  and  the  subject  of  education  as  the  superintendent 
of  public  instruction  shall  direct. 

(70)  §  5692.  SEC.  24.  The  director  of  each  fractional 
district  shall  make  his  annual  report  to  the  clerk  of  the  town- 
ship in  which  the  school  house  is  situated,  and  shall  also 
report  to  the  clerk  of  each  township  in  which  the  district  is  in 
part  situated,  the  number  of  children  between  the  ages  of  five 
and  twenty  years  in  that  part  of  the  district  lying  in  such 
township. 


Where 
director  of 
fractional 
district  to 
report. 


Treasurer  to 
file  bond. 


Premium. 


Filing  and 
approval. 


Proviso, 
deposits. 


TREASURER. 

(71)  §  569,3.  SEC.  25.  It  shall 'be  the  duly  of  ihe  treas- 
urer of  each  school  district: 

First,  To  execute  to  the  district  and  file  with  the  diver  I  or, 
within  ten  days  after  his  election  or  appointment,  a  bond 
in  the  full  amount  of  money  to  come  into  his  hands  during 
each  year  of  his  term  of  office,  as  near  as  the  same  can  be 
ascertained,  with  two  or  more  sureties,  each  of  whom  shall 
be  required  to  justify  in  writing  and  under  oath  to  the 
amount  for  which  he  is  holden  in  said  bond;  or  the  treasurer 
may  furnish  the  bond  of  some  surety  company  authorized  to 
do  business  in  this  state.  The  premium  on  said  surety 
bond  if  purchased  shall  be  paid  by  the  district;  the  form  of 
the  bond,  the  penalty  and  sufficiency  of  the  sureties  to  be 
subject  to  the  approval  of  the  moderator  and  director,  condi- 
tioned for  the  faithful  performance  of  his  duties  and  the 
proper  application  of  all  moneys  that  shall  come  into  his 
hands  by  virtue  of  his  office.  Said  bond  shall  be  filed  with  the 
director,  and  none  of  the  books  or  money  of  the  district  shall 
be  placed  in  the  hands  of  the  treasurer  until  his  bond  has 
been  so  approved  and  filed,  and  in  case  of  any  breach  of  the 
conditions  thereof  the  moderator  shall  cause  a  suit  to  be  com- 
menced thereon  in  the  name  of  the  district,  and  any  moneys 
collected  thereon  shall  be  paid  into  the  township  treasury 
subject  to  the  order  of  the  district  officers,  and  shall  be  ap- 
plied to  the  same  purposes  as  the  moneys  lost  should  have 
been  applied  by  the  treasurer:  Provided,  That  if  the  treasurer 
shall  deposit  the  money  in  any  bank  or  irusl  company  au- 
thorized to  do  business  in  this  state,  such  deposit  shall  be 
made  in  his  name  as  treasurer  of  the  district,  and  any  and 
all  interest  paid  by  such  bank  or  company  on  such  deposits 
shall  be  accounted  for  by  the  treasurer  to  the  district  and 


GENERAL  SCHOOL  LAWS.  45 


ii 

u 


red  i  ted  to  the  general  fund:  Provided,   That  no  bank  or  de- 

lository  shall   recehe  a  larger  deposit  of  said   funds  than   the 

mount   of  the  bond  as  hereinafter  provided,  and   in  no  event 

o   exceed   one   hundred    thousand   dollars,   and   such   bank   or 

•anks  shall  give  good   and   suliicient  bond  to  be  approved  by 

he   district    board    conditioned   for   the  receipt,    safe-keeping 

ind  payment  of  all  money  which  may  come  into  its  custody, 

n  the  amount  designated  as  the  penalty  in  the  bond  furnished 

>y  the  district   treasurer  to  the  district.     It   shall  be  the  duty 

>f  tlie  treasurer  of  said  district  to  see  that  a  sum  in  excess  of 

Ihe  amount  of  the  bond  is  not  deposited  in  such  bank  or  banks, 

and  said   treasurer  and  his  bondsmen  shall  be  liable  for  only 

such   loss  occasioned  by  deposits  in  excess  of  the  amount   of 

such   bond.     The  district   board  of  each   district    shall  deter- 

mine bv  resolution  the  time  for  which  such  deposits  shall  be 

made,   and   all    details  for  carrying  into  etl'ect    the   authority 

herein    given,   but    all    such    proceedings   in    connection    with 

the    deposit    of    such    moneys    shall    be    conducted    in    such    a 

manner  as  to  insure  full  publicity  and   shall  be  opou  at  all 

rimes  to  public  inspection:   Provided,  That  the  electors  at  the 

annual   meeting  may   designate  a  depository  or  depositories 

in   which   the  funds  of  the  district  shall  be  deposited:     Pro- 

vided,   however,  That  upon   failure  of   the  electors   at   such  designated. 

annual  meeting  to  designate  such  depository  or  depositories, 

the  district,  board  by  a  majority  vote  of  the  members  thereof, 

may  designate  a  depository  or  depositories  in  which  the  fun-Is 

of  the  district   shall  be  deposited.     Upon  designation  of  any 

depository  or  depositories  in  compliance  with  the  provisions 

of  this  section,  it  shall  be  the  duty  of  the  treasurer  to  deposit 

all   funds  of  the  district   therein,  and   in  such  proportion  and 

manner  as   may  be  provided   by  said  district  board.     Every 

such  depository  so  named  shall  give  such  bond  as  the  district 

board   may  require  and   approve  for  the  safe-keeping  and   ac- 

counting of  such  funds,  in  which  case  the  treasurer  shall  not 

lie  held   liable  for  any   neglect   or  default  by  any  such   depos- 

itory or  depositories  ; 

Second,   To   pay   all    orders   of    the   director,    when   lawfully  orders. 
drawn  and  countersigned  by  the  moderator,  out  of  any  moneys 
in   his   hands   belonging   to   the   fund   upon    which   such   orders 
may  be  drawn  ; 

Third,   To   keep    a    book    in    which    all    moneys    received    and  li.-nnl  k.-pt. 
disbursed   shall   be  entered,   the  sources   from    which    the  same 
have  been   received,  and    the  persons  to  whom  and    the  objects 
for  which  the  same  have  been   paid  : 

Fourth.   To   present    the  district    board    at    the  close   of    the  Annual 
school  year  a   report   in  writing,  containing  a  statement   of  all 
moneys   received   during  the  preceding  year  and  each   item  of 
disbursements  made,  and  exhibit    the  voucher  therefor; 

Fifth,   To   appear   for  and   on   behalf   of   the  district    in    all  suits. 
suits  brought    by   or  against    the   same   when    no   other  direc- 


46 


STATE  OF  MICHIGAN. 


tions  shall  be  given  by  the  qualified  voters  in  the  district 
meetings,  except  in  suits  in  which  he  is  interested  adversely 
to  the  district,  and  in  all  such  cases  the  moderator  shall  ap- 
pear for  such  district  if  no  other  directions  be  given  as  afore- 
said ; 

Sixth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  deliver  to  his  successor  in  office  all  books, 
vouchers,  orders,  documents  and  papers  belonging  to  the 
office  of  treasurer,  together  with  all  district  moneys  remain- 
ing on  hand; 

Seventh,  To  perform  such  other  duties  as  are  or  shall  be 
by  law  required  of  the  treasurer. 


Settlement, 
etc. 


FIRST:  An  assessor  cannot  lawfully  withhold  the  district  funds  i:i  h's 
hand  when  demanded  by  his  successor,  upon  a  claim  that  he  is  entitled  to  b> 
personally  notified  of  such  election  and  acceptance  of  office.  He  is  ch.rg. 
able  with  notice  of  such  facts  and  is  liable  to  an  action  for  money  h  d  a.ul 
received  as  well  as  action  on  his  bond. — Mason  v.  Sch.  Dist.,  M4/22S.  S.-e 
Welch  v.  Frost,  l/3'O ;  also  Bryant  v.  Moore,  5O/2ar». 

SECOND:  iSee  section  Go,  subd.  '2,  and  section-  GO,  subd.  4,  and  n;>t<s. 
The  assessor  is  the  disbursing  officer  of  the  district. — -Sch.  Dist.  v.  Mallar.v, 
23/l(l'l.  He  is  the  lawful  treasurer  and  depositary  of  school  district  funds 
and  all  moneys  must  pass  through  his  hands'  and  be  paid  out  by  him  on 
proper  orders. — Sen.  Dist.  v.  Sch.  Dist.,  40/551.  Moneys  in  the  hands  of 
the  township  treasurer  belonging  to  a  school  district  cannot  be  applied  to 
any  district  purpose,  except  through  the  hands  of  the  assess  jr. — 'Burns  v. 
Bender,  86/19'8.  An  assessor  cannot  pay  out  any  money  lawfully  without 
a  warrant. — Id.  Interest  is  not  payable  on  school  district  orders  if  n  »  auth- 
ority has  been  given  to  impose  it. — Turnbull  v.  Sch.  Dist.,  45/490.  But  in- 
terest may  be  allowed  from  demand  when  mandamus  is  granted  for  p. .vaunt, 
when  its  claim  is  such  a  settled  demand  as  would  sustain  a  recovery  of  in- 
terest at  law; — Martin  v.  Tripp,  51/184.  Mandamus  lies  to  compel  a  district 
to  pay  or  provide  for  the  payment  of  its  orders. — Turnbull  v.  Sch.  Dist.,  4~>/4W>. 
And  to  compel  an  assessor  to  pay  a  school  order,  where  the  court  is  satisfied 
that  there  is  no  valid  defense. — Martin  v.  Tripp,  51/184.  A  showing  of  a 
want  of  funds  is  a  complete  answer  to  an  application  for  mandamus  to  ruiuire 
an  assessor  to  pay  a  warrant  drawn1  on  him. — Allen  v.  Frink,  32/96. 

FIFTH  :  The  management  and  control  of  suits  is  specially  confided  to  the 
assessor,  when  no  other  direction  is  given  in  district  meeting;  the  mouer.it or 
and  director,  though  constituting  a  majority  of  the  district  board,  have  no 
authority  to  take  the  defense  of  a  suit  from  the  assessor.  And  the  v  ters, 
as  such,  cannot  interfere. — Sch.  Dist.  v.  Wing,  3O/351.  See  Benallcck  v. 
People,  31/204.  An  appeal  taken  in  the  name  of  the  district  witnout  the 
authority  of  the  assessor,  if  he  is  competent  to  act,  is  void. — Id.  Whether  he 
is  a  proper  relator  for  mandamus  to  compel  the  moderator  to  sign  the  direc- 
tor's warrants,  see  Burns  v.  Bender,  3'6/iy7. 

SIXTH:  Deposits  in  a  bank:  Where  money  belonging  to  a  board  of  educa- 
tion or  a  school  district  is  deposited  in  a  bank  with  the  knowledge  of  the 
board  and  the  district  receives  interest  thereon,  the  district  does  not  beco-me 
a  preferred  creditor  upon  failure  of  bank. — lid.  of  Bd.  City  of  Detroit  v.  Union 
Trust  Co.,  1316/454. 

LIABILITIES  ON  BOND:  Misconduct  of  a  board  of  education  in  appoint- 
ing a  certain  person  treasurer  in  consideration  of  a  promise  to  pay  interest 
on  funds  does  not  render  appointment  void  nor  release  sureties.  The  depositing 
of  funds  in  a  bank  of  which  the  treasurer  is  an  officer  does  not  make  the  de- 
posit the  board's  act  so  as  to  release  sureties  on  the  treasurer's  bond.- -P. ••  ml 
of  Education  of  Detroit  v.  Andrews,  142/4X4.  See  Twp.  of  Wexford  v.  Seeley, 
196/634. 


Triplicate 
reports, 
when 
township 
clerk  to 
make,  etc. 


CHAPTER  IV. 

TOWNSHIP  CLERK. 

(72)  §  5694.  SEC.  7.  The  township  clerk  shall  receive 
the  annual  reports  of  the  school  directors  of  his  township, 
and  on  the  first  Monday  of  August  in  each  year  he  shall  make 
triplicate  reports  setting  fotth  the  whole  number  of  school 


GENERAL  SCHOOL  LAWS. 


•  istrirts  in  his  township,  if  any,  the  amount  of  money  raised 
;  nd   received    for   school    libraries   and   such   other   items   as 
-hall  from  year  to  year  he  required  by  the  superintendent  of 
i'liblic  instruction,  together  with  the  several   particulars  set 
orth   in   the  reports  of  the  several  school  directors   for   the 
receding  year,  and  within  ten  days  thereafter  he  shall  1'or- 
vard    two   copies  of   the  same,   together   with   two   copies   of  copies, 
ach  of  the  reports  from  school  directors  to  the  county  com-  SJJJ8 
nissioner  of  schools  and  tile  the  other  copy  or  copies  of  these 
•eports  in  his  office,  and  he  shall  receive  all  communications, 
danks   and   documents    transmitted   to   him   by   the   superin- 
endent  of  public  instruction- and  dispose  of  the  same  in  the 
nanner  directed  by  said  superintendent:    Provided,    That  in  Proviso,  in 
•ase  the  township  is  organized  into  a  township  district  or  a  township 
fractional    township  district   the  board  of  education   of  such  disl 
township  district  or  fractional  township  district    shall  meet 
on   the   first    Monday   in   August  and  make  the  triplicate  re- 

*  ports  to  the  superintendent  of  public  instruction,  and  in  such 
cases  this  report  shall  take  the  place  of  the  report  above  pro- 
vided  for   to   be   made  by   the   township   clerk,   and  the  said 
board  shall  dispose  of  its  reports  in  the  same  manner  as  is' 
provided  for  the  township  clerk:    Provided  further,   That  the  Further 

/.         i        i         i      11  i  i     proviso, 

county  commissioner  ot  schools  shall  annually  send  to  each  legally 
township  clerk  and  to  the  secretary  of  each  board  of  educa- teachers. 
tion  a  complete  list  of  the  legally  qualified  teachers  of  the 
county,  and  at  the  time  the  township  clerk  shall  make  the 
triplicate  reports  herein  provided  for  he  shall  compare  the 
list  of  teachers  employed  in  the  township  with  said  complete 
list  of  teachers,  and  if  in  any  school  district  or  in  the  town- 
ship district  a  school  shall  not  have  been  taught  for  the  time 
mini  red  by  law  during  the  preceding  year  by  a  legally  quali- 
tied  teacher,  no  part  of  the  primary  school  interest  fund  shall  Primary 
be  distributed  to  such  district  or  to  such  proportional  part 
of  the  township,  although  the  report  from  such  district  or 
township  shall  set  forth  that  a  school  or  schools  have  been 
taught,  and  it  shall  be  the  duty  of  the  township  clerk  or 
the  board  of  education,  when  said  board  shall  make  the  re- 
ports as  hereinbefore  provided,  to  certify  all  these  facts  as 
to  the  employment  of  teachers  to  the  superintendent  of  public 
instruction. 


: 


II 


iis  1  »;,  iiH-iusiv.  ;M..I   s.i-tion   8   were   repealed   by   Act  29   of  1909. 


i  7:1 1     §  .")(;!).">.     SKC.  1).     Each  township  clerk  shall  make  orMapshow- 
cause  to  be  made  a  map  of  his  township,  showing  by  distinct 
lines  thereon  the  boundaries  of  each  school  district  and  parts 
of  school  districts  therein,  if  such  school  districts  exist,  and 
shall   regularly   number  the  same   thereon    as   established  by 
proper  authority.     One  copy  of  such   map   shall  be  filed  by  Copies, 
said  clerk  in  his  office  and  one  other  copy  he  shall  file  with 
the  supervisor  of  the  township.     If  any  division  or  alteration  Alterations. 


48 


STATE  OF  MICHIGAN. 


is  at  any  time  made  in  the  boundaries  of  any  district  or  of 
any  township  district,  the  township  clerk  shall  within  one 
month  thereafter  file  a  new  map  and  copy  thereof  as  afore- 
said showing  such  changes. 

That  certain  lands  are  within  a  particular  school  district  may  be  shown  by 
parol,    without    producing    maps,    plats    or    documents. — Brooks    v.    IfairchiM. 


Clerk  to 
certify  pro- 
posed school 
taxes. 


In  case  of 
division  of 
district. 


Apportion- 
ment of 
school 
moneys. 


To  apportion 
school  taxes. 


Statement  to 
treasurer. 


To  notify 
directors  of 
amount  ap- 
portioned 
districts. 


(74)  §  5696.     SEC.  10.     It  shall  be  the  duty  of  the  town- 
ship clerk  of  each  township,  on  or  before  the  first  day  of 
October  in  each  year,  to  make  and  deliver  to  the  supervisor 
of  his  township  a  certified  copy  of  all  statements  on  file  in 
his  office  of  'moneys  proposed  to  be  raised  by  taxation   in 
each  of  the  several  school  districts  of  the  township,  if  any, 
for  school  purposes,  or  to  be  raised  by  any  township  district, 
whole  or  fractional,  for  such  purposes.     In  case  such  condi- 
tion shall  arise,  he  shall  certify  to  the  supervisor  the  amount 
to  be  assessed  upon  the  taxable  property  of  any  school  dis- 
trict retaining  the  district  school  house  or  other  property  on 
the  division  of  the  district  as  the  same  shall  have  been  de- 
termined by  proper  authority,  and  he  shall  also  certify  the 
same  to  the  director  or  secretary  of  such  district  and  to  the 
director  or  secretary  of  the  district  entitled  thereto. 

(75)  §    5697.     SEC.   11.     On   receiving  notice    from     the 
county  treasurer  of  the  amount  of  school  moneys  apportioned 
to  his  township,  the  township  clerk  shall  apportion  the  same 
amount  to  the  several  districts  therein,  or  to  the  whole  or 
fractional  township  district  entitled  to  the  same,  in  accord- 
ance with  the  statement  from  the  superintendent  of  public 
instruction  sent  to  such  township  clerk  and  based  upon  the 
annual  report  of  the  school  directors  or  the  secretary  of  the 
board  of  education  for  the  preceding  school  year,  and  he  shall 
file  said  statement  from  the  superintendent  of  public  instruc- 
tion permanently  in  the  records  of  his  office. 

(76)  §  5698.     SEC.  12.    Said  clerk  shall  also  apportion  to 
the  school  districts  in  his  township,  as  required  by  law,  on 
receiving  notice  of  the  amount  from  the  township  treasurer, 
all  moneys  raised  by  township  tax,  or  received  from  other 
sources,  for  the  support  of  schools;  and  in  all  cases  make 
out  and  deliver  to  the  township  treasurer  a  written  state- 
ment of  the  number  of  children  in    each    district    drawing 
money,   and   the  amount   apportioned   to   each   district,   and 
record  the  apportionment  in  his  office;  and  whenever  an  ap- 
portionment of  the  primary  school  interest  fund,  or  moneys 
raised  by  tax,  or  received  from  other  sources,  is  made,  he 
shall  give  notice  of  the  amount  to  bo  received  by  each  district 
to  the  director  thereof. 


I 


GENERAL  SCHOOL  LAWS.  49 


TOWNSHIP     sri'KIiVlSOK     AM)     TUKASl'KKK. 

(77)  §  5009.     Si:r.   1.",.     It  shall  be  (be  duly  of  the  super- 

visor  of  the  township  io  assess  the  taxes  voted  by  every  school  o  distrct 

d  strict  in  his   township,   and   also   all   other   taxes  provided  taxes> 

f<  r  in  this  act,  chargeable  against  such  district  or  township, 

u  >on   the  taxable  property  of  the  district   or   township   re- 

s  cdively,  and  to  place  the  same  on  the  township  assessment 

r  11  in  the  column  for  school  taxes,  and  the  same  shall  be 

collected  and  returned  by  the  township  treasurer  in  the  same 

n  aimer  and  for  the  same  compensation   as   township  taxes. 

J     any  taxes  provided   for  by  law  for  school  purposes  shall  Taxes  not 

f  il    to  be  assessed  at  the  proper  time,  the  same  shall  be  proper  time. 

a  <sessed  in  the  succeeding  year. 

FAILIKJ;  Tn  ASSESS:  The  provision  in  the  last  clause  of  this  section 
"  pliea  to  ;i  c.-isc  where  school  taxes  are  not  certified  by  the  board  to  the 
t  wnship  clerk  in  time  for  certification  to  the  supervisor  for  assessment. — 
V  Ik-ox  v.  l-::ii;!.-  T\vi>.,  Sl/ii71.  See  Union  Sch.  Dist.  v.  Parris.  97/596. 

(78)  §  5700.     SEC.  14.     The  supervisor  shall  also  assess  Assessment  of 
i  pon    the    taxable   property  of  his   township,   one  mill   upon01 

(  ich  dollar  of  the  valuation  thereof  in  each  year,  and  report 
tie   aggregate   valuation   of   each    district    to    the    township 
clerk,  who  shall  report   said  amount  to  the  director  of  each 
s.-hool    district   in   his   township,   or   to   the  director  of  any. 
fractional  school  district  a  portion  of  which  may  be  located 
ii  said  township  before  the  first  day  of  September  of  each 
\car:    Provided,  That  before  the  supervisor  shall  assess  said  Proviso, 
lax  he  shall   examine  the  reports  of  the  several  school  dis-  Sent SSTto 
trirts   in    his  township   for  the  preceding  year  and   if   saidbemade' 
icporis  show,  exclusive  of  funds  raised  for  building  purposes, 
balance  on  hand   in  any  district  of  a  sum  equal  to  or  in 
xcess  of  the  amount  paid  for  teachers'  wages  in  said  district 
luring    the    preceding    year,    then    said    supervisor    shall    not 
ihe  one-mill  tax  upon  the  property  of  such  district  for 
I  he  ensuing  year.     All  moneys  raised  by  one  mill  tax  shall  beMoneysap- 
appoitioned    by    the    township    clerk    to    the   district    in    which  fownTlerk. 
t   was  raised,  and  all  moneys  collected  by  virtue  of  this  act 
luring  the  year,  on  any  property  not   included  in  any  organ- 
xed    district,    or    in    districts     which     have     not     maintained 
school  for  the  required  period  during  the  previous  year,  shall 
>e   apportioned    to    the   several    other   school    districts   of    said  • 

township  that  did  maintain  school,  in  the  same  manner  as 
ihe  primary  school  interest  fund  is  now  apportioned.  A 1  My  here  no 
moneys  accruing  from  the  one-mill  tax  upon  the  properly  of 
any  district  in  any  township  before  said  district  shall  have  a 
legal  school  therein,  shall  belong  to  the  district  in  which  it 
was  raised  when  such  district  shall  have  maintained  school 
the  required  period  by  a  qualified  teacher. 

S.-.-  Sa.uinnw  Tup.   v.   S.-i.uin.-iw.  '.t   r,H  ;  Tup.   ,,r   I  >,  ..-rli.-M   v.    IFurpi-r.   11."    • 


50 


STA/TE  OF  MICHIGAN. 


Proviso. 


How  such 
taxes  to  be 
applied. 


Taxes  in 

fractional 

districts. 


Proviso. 


when  district  (79)  §  5701.  SEC.  15.  The  amount  to  be  assessed  upon 
certain  taxes  the  taxable  property  of  any  school  district  retaining  the 
to  be  assessed.  schoolhouse  or  other  property,  on  the  division  of  a  district, 
as  the  same  shall  have  been  determined  by  the  inspectors, 
shall  be  assessed  by  the  supervisor  in  the  same  manner  as  if 
the  same  had  been  authorized  by  a  vote  of  such  district;  and 
the  money  so  assessed  shall  be  placed  to  the  credit  of  the 
taxable  property  taken  from  the  former  district,  and  shall 
be  in  reduction  of  any  tax  imposed  in  the  new  district  on  said 
taxable  property  for  school  district  purposes:  Provided, 
That  if  the  district  retaining  the  schoolhouse  shall  vote  to 
pajr,  and  shall  pay,  before  said  taxes  are  assessed,  any  portion 
of  said  amount  to  the  new  district,  said  amount,  as  shall  be 
certified  by  the  moderator  and  director  of  the  new  district 
to  the  supervisor,  shall  be  deducted  from  the  amount  to  be 
assessed  as  provided  in  this  section.  When  collected,  such 
amount  shall  be  paid  over  to  the  treasurer  of  the  new  district, 
to  be  applied  to  the  use  thereof  in  the  same  manner,  under 
the  direction  of  its  proper  officers,  as  if  such  sum  had  been 
voted  and  raised  by  said  district  for  building  a  schoolhouse 
or  other  district  purposes. 

NEW  DISTRICT  :  The  money  when  collected,  must  be  paid  to  the  asses- 
sor of  the  new  district ;  and  if  wrongfully  paid  to  the  old  one,  the  new  dis- 
trict may  maintain  an  action  for  money  had  and  received,  against  the  old 
district.— Sch.  Dist.  v.  Sch.  Dist..  40/591-. 

(80)  §  5702.  SEC.  16.  The  full  amount  of  all  taxes  to  be 
levied  upon  the  taxable  property  in  a  fractional  school  dis- 
trict shall  be  certified  by  the  district  board  to  the  town- 
ship clerk  of  each  township  in  which  such  district  is  in  part 
situated,  and  by  such  township  clerks  to  the  supervisors  of 
their  respective  townships,  and  it  shall  be  the  duty  of  each 
of  said  supervisors  to  certify  to  each  other  supervisor  inter- 
ested, the  amount  of  taxable  property  in  that  part  of  the  dis- 
trict lying  in  his  township :  Provided,  That  when  there  exists 
a  manifest  difference  in  the  valuation  of  property  assessed  in 
fractional  districts,  composed  of  territory  in  adjoining  town- 
ships or  counties,  such  valuation  shall  be  equalized  for  this 
specific  purpose  by  the  supervisors  of  the  townships  interested 
at  a  joint  meeting  held  for  that  purpose,  on  application  of 
either  of  the  supervisors  of  said  townships.  And  such  super- 
visors shall  respectively  ascertain  the  proportion  of  such 
taxes,  including  mill  tax,  to  be  placed  on  their  respective 
assessment  rolls,  according  to  the  amount  of  taxable  property 
in  each  part  of  such  district.  And  if  said  supervisors  cannot 
agree  as  to  the  proportion  of  such  taxes  to  be  placed  on  tbeir 
respective  assessment  rolls,  a  supervisor  from  an  adjoining 
township  shall  be  called  to  meet  with  said  supervisors  in  said 
fractional  district  and  assist  in  equalizing  said  valuation. 
Said  supervisor  to  be  paid  at  the  rate  of  three  dollars  per 
diem  for  the  time  necessarily  employed  in  attendance  at  such 


In  cases  of 
disagreement 
of  super- 
visors. 


GENERAL  SCHOOL  LAWS.  51 

UK  ?ting  of  the  supervisors,  and  all  necessary  traveling  ex- 
pe  ises,  by  the  townships  in  interest. 

SI  i      g   r>l():\.     SKC.   17.     The  supervisor,  on  delivery  of  the  statement  to 
w;  rrant  for  the  collection  of  taxes  to  the  township  treasurer,  SMUT!?. 
sh.ill  also  deliver  to  said  treasurer  a  written  statement  of  the 
an  ount  of  school  and  library  taxes,  the  amount  raised  for 
di  trict  purposes  on  the  taxable  property  of  each  district  in 
th  ^  township,  the  amount  belonging  to  any  new  district  on 
tli  '  division  of  the  former  district,  and  the  names  of  all  per- 
so  is  having  judgments  assessed  under  the  provisions  of  this 
a<  :  upon  the  taxable  property  of  any  district,  with  the  amount 
p;  yable  to  such  person  on  account  thereof. 

I  Si')     §  5704.     SEC.  18.     The  supervisor  of  each  .township,  statement  to 
01    the  deliver     of  the  warrant  for  the  collection  of  taxes  to  treasure?  of 


tie  township  treasurer,  shall  also  deliver  to  said  treasurer  a 
w  -it  ten  statement,  certified  by  him,  of  the  amount  of  the  one- 
in  11  tax  levied  upon  any  property  lying  within  the  bounds  of 
a  fractional  school  district,  a  part  of  which  is  situate  within 
^  his  township,  and  the  returns  of  which  are  made  to  the  clerk 
ol  some  other  township;  and  the  said  township  treasurer 
si  all  pay  to  the  township  treasurer  of  such  other  township 
tl  e  amount  of  the  taxes  so  levied  and  certified  to  him  for  the 

H<e  of  such  fractional  school  district. 
(83)     §  5705.    SEC.  19.    Whenever  any  portion  of  a  school  collection 
strict  shall  be  set  off  and  annexed  to  any  other  district,  or  tionmenToY 


organized  into  a  new  one,  after  a  tax  for  district  purposes 
o  her  than  the  payment  of  any  debts  of  the  district  shall  district. 
h  ive  been  levied  upon  the  taxable  property  thereof,  but  not 
collected,  such  tax  shall  be  collected  in  the  same  manner  as 
it  no  part  of  such  district  had  been  set  off,  and  the  said 
former  district,  and  the  district  to  which  the  portion  so  set 

0  T  may  be  annexed  or  the  new  district  organized  from  such 
portion,  shall  each  be  entitled  to  such  proportion  of  said  tax 
a<  the  amount  of  taxable  property  in  each  part  thereof  bears 

»the  whole  amount  of  taxable  property  on  which  such  tax 
levied. 
See  sort  i«»n  :rs  ami  notes. 
(84)     §  570G.    SEC.  20.    The  township  treasurer  shall  retain  school  taxes, 
in  his  hands,  out  of  the  moneys  collected  by  him,  after  deduct-  1 

1  IL;  the  amount  of  tax  for  township  expenses,  the  full  amount  of 
the  school   taxes  on   the  assessment  roll,  and  hold   the  same 
subject  to  the  warrant  of  the  proper  district  officers,  to  the 
order  of   the  school   inspectors,  or  of   the   persons  entitled 
thereto,  and  give  a  written  notice  to  the  township  clerk  of  the 
amount. 

SCHOOL  TAXKS:  Tlu>  t«>\vnship  treasurer  has  no  right  to  receive  for 
*<:hool  moneys  anything  which  the  law  has  not  authorized  to  be  r<  -crived. 
)f  he  does  so  and  receipts  for  the  taxes,  he  must  make  ^  ><>d  the  amount.  — 
Jours  v.  Wright,  :;-»  ::7'J  :  Sch.  I>ist.  v.  Sch.  Dist.,  4n  .V.I.  S<i>  Elliott  v. 
Miller,  s  IHli.  and  notes  to  section  I'l.'W.  C.  L..  HH*.  The  liability  of  a  town- 
ship treasurer  for  school  moneys  is  distinct  from  his  ordinary  liability  for 


52 


STATE  OF  MICHIGAN. 


township  moneys,  and  it  cannot  be  released  or  in  any  way  affected  by  tho  ac- 
tion of  the  township  board. — Jones  v.  Wright,  34/372.  As  to  the  custody, 
etc..  of  school  district  moneys,  see  notes  to  section  GO,  subd.  4,  and  section  71, 
subd.  1,  2. 

Liability  of  township  to  Sch.  Dist.,  section  4089,  C.  L.  1915,  provides  that 
all  losses  that  may  be  sustained  by  the  default  of  any  township  officer  in  the 
discharge  of  any  duty  imposed  by  the  act  shall  be  chargeable  to  the  town- 
ship. The  act  charges  the  township  treasurer  with  the  duty  of  collecting 
and  paying  over  all  school  district  taxes.  Held,  that  a  township  is  liable  to 
a  school  district  for  school  moneys  lost  through  the  defalcation  of  the  town- 
ship treasurer. — .Smith  v.  Jones,  136/53>2.  Designating  depository  for  town- 
ship funds,  see  Act  305,  P.  A.  1909,  (§  2134,  C.  L.  1>915). 


Township 
treasurer  to 
apply  to 
county 
treasurer  for 
moneys. 


Moneys 
of  frac- 
tional 
districts. 


Duplicate 
receipt. 


(85)  §   5707.     SEC.  21.     The    township    treasurer    shall, 
from  time  to  time,  apply  to  the  county  treasurer  for  all  school 
and  library  moneys  belonging  to  his  township,  or  the  districts 
thereof;  and  on  receipt  of  the  moneys  to  be  apportioned  to 
the  districts,  he  shall  notify  the  township  clerk  of  the  amount 
to  be  apportioned. 

(86)  §  5708.    SEC.  22.    The  treasurer  of  a  fractional  school 
district  of  a  township  to  the  clerk  of  which  the  returns  of 
such  fractional  school  district  shall  be  made,  shall  apply  to 
the  treasurer  of  any  other  township  in  which  any  part  of  such 
fractional  school  district  may  be  situated,  for  any  money  to 
which  such  district  may  be  entitled;  an:l  the  tre.isnrer  pay- 
ing over  the  same  shall  take  a  receipt  therefor  in  duplicate, 
one  copy  of  which  he  shall  file  in  his  office,  and  the  other 
copy  he  shall  send  by  mail,  or  deliver  personally,  to  the  clerk 
of  the  township  to  whose  fractional  school  district's  treasurer 
he  has  paid  any  money  on  account  of  such  fractional  school 
district,  which  shall  be  specified  in  the  receipt. 

Am.   1921,   Act   51. 


CHAPTER  V. 


County  clerk 
to  receive  and 
dispose  of 
communica- 
tions, etc. 


County  clerk 
to  examine 
reports,  etc. 


Notice  of 
apportion- 
ment of 
moneys. 


County  treas- 
urer  to   apply 
for  moneys 
apportioned. 


COUNTY  CLERK  AND  TREASURER. 

(87)  §  5700.     SECTION  1.     It  shall  be  the  duty    of    each 
county  clerk  to  receive  all  such  communications,  blanks,  and 
documents  as  may  be  directed  to  him  by  the  superintendent 
of  public  instruction,  and  dispose  of  the  same  in  the  manner 
directed  by  said  superintendent. 

(88)  §  5710.     SEC.  2.     The  clerk  of  each  county  shall,  on 
receiving  from  the  secretary  of  the  county  board  of  school 
examiners  the  annual  reports  of  the  several  boards  of  school 
inspectors,  file  the  same  in  his  office.     On  receiving  notice 
from  the  superintendent  of  public  instruction  of  the  amount 
of  moneys  apportioned  to  the  several  townships  in  his  county 
he  shalf  file  the  same  in  his  office,  and  forthwith  deliver  a 
copy  thereof  to  the  county  treasurer. 

(89)  §  5711.    SEC.  3.    The  several  county  treasurers  shall 
apply  for  and  receive  such  moneys  as  shall  have  been  appor- 
tioned to  their  respective  counties,  when  the  same  shall  be- 


GENERAL  SCHOOL  LAWS.  53 


COD  e  due;  and  cadi  of  said  treasurers  shall  immediately  give 
nol  ce    In    the    treasurer    and    clerk    of   each    township   in    his  clerks  o 
4-01:  ity.   of   the  amount   of  school   moneys   apportioned    to  his  :u 
toy  nship.  and  shall  hold  the  same  subject  to  the  order  of  the 
tov  nsliip   treasurer. 


CHAPTER   VF. 

BONDED    INDEBTEDNESS    OP    DISTRICTS^ 

koO)      jj  .'nil1.     SECTION  1.     Any  school  district  may,  by  a  Authority  to 
jority  vote  of  the  qualified  voters  of  said  district  present 
at   in  annual  meeting  or  at  a  special  meeting  called  for  that 
pn  -pose,  borrow  money,  and  may  issue  bonds  of  the  district 
thirefor,   to  pay  for  a  schoolhouse  site  or  sites,  or  to  pay 
foi  an  addition  or  additions  of  territory  to  a  schoolhotise  site 
»or  sites,  and  to  erect  and  furnish  school  buildings,  or  to  com- 
ph  te  school  buildings  under  the  course  of  construction.    The  Estimates, 
district    hoard,    or    board    of    education,    shall    estimate    the 
an  omit  of  money  necessary  to  be  raised  and  shall  state  their 
esiimate  in  the  notices  of  the  annual  or  special  meeting,  at 
wl  ich    the  question   of  borrowing  money   and    issuing  bonds 
sh  ill  be  submitted  to  the  people;  and  at  said  meeting  thePowerof 
vo  crs  shall  have  power  to  ratify  by  vote  aforesaid  the  esti- ^ 
m;  te  of  the  district  board,  or  board  of  education,  or  to  fix 
a   new  limit   on   the  amount  to  be  borrowed  and  for  which 
bonds  may  be  issued:  Provided,   That  no  school  district  shall  Proviso, 
isMie  bonds  for  an  amount  greater  than  fifteen  per  cent  of  bondissue. 
th  '   total    assessed    valuation   of  said   district  nor  shall   the 
bonded  indebtedness  of  a  district  extend  beyond  the  period  of 
thirty  years  for  money  borrowed:    Provided  further,  That  in  Further 
al    proceedings  under  this  section,  the  district  board  and  one 
p<  i-soii  selected  by  the  qualified  voters  present  at  said  meet- 
ing shall  constitute  a  board  of  inspectors,  who  shall  cause  a 
poll  list  to  be  kept  and  a  suitable  ballot  box  to  be  used,  and 
tl  e  polls  shall  be  kept   open  at  least  two  hours.     The  votes  Conduct 
si  all  be  by  ballot,  either  printed  or  written,  or  partly  printed01 
and    partly    written,   and    the   canvass   of   the   same   shall  be 
conducted  in  the  same  manner  as  at  township  elections,  or  as 
f;  r  as  the  laws  governing  the  same  are  applicable,  and  when 
said   laws  are   not    applicable,   the  board  of  inspectors  shall 
prescribe  the  manner  in  which  the  canvass  shall  be  conducted. 

Am.    HIM).    A.t  Act    171'.      Also    ninend'ed  by    Act   31,    P.   A.    ! 

Sipers.ded    by    A.t    17.'. 

r.o.\|>S:  issue  school  district  bonds  in   set  (lenient    of  ;i   demand. 

if  in  excess  of  the  limit  fixed  by  law.  may  be  sustained  up  to  the  legal  limit. 
S  ockdale  v.  Sdi.  Dist..  47/irjr,.  The  purchaser  of  a  school  district  bond 
li  is  a  rk'lit  to  rely  upon  nil  facts  asserted  or  appearing  upon  the  face  of  the 
bonds,  made  by  any  person  or  body  authorized  by  law  to  pass  upon  and  de- 
t.rmine  the  fads.-  4Jibbs  v.  Sdi.  Dist..  xx  •;:,,;.  Detaching  a  portion  of  a  dis- 
iiict  and  di-gaiii/ing  it  into  or  with  another  township. — People  v.  Ryan,  19/ 
2'>3.  The  act  of  the  legislature  in  detaching  a  part  of  the  territory  of  a 


54 


STATE   OF  MICHIGAN. 


township  and  erecting  therefrom  a  new  township,  of  another  name  does  mt 
have  the  effect  of  putting  an  end  to  the  school  district  organizations  in  the 
detached  territory,  and  the  holder  of  bonds  issued  thereafter  by  a  district  in 
such  territory  may  recover  thereon  notwithstanding  a  subsequent  reorganiza- 
tion of  the  district. — Wayne  Co.  Svgs.  Bank  v.  School  District,  132/440.  The 
provisions  of  the  general  school  law  govern  the  school  district  of  Traverse 
City,  organized  under  special  act,  when  not  inconsistent  with  the  provisions 
of  the  special  act,  and  the  limit  of  bonded  indebtedness  fixed  in  this  section 
is  applicable  to  suid  city. — <Bd.  of  Ed.  of  Traverse  City  v.  Straub.  182/66'o. 
By  general  statute  as  amended,  the  power  is  conferred  on  the  qualified  voters 
to  borrow  money  and  issue  bonds,  but  no  constitution?!!  prohibition  affects  t^e 
power  of  the  legislature  to  vest  in  the  board  of  education  the  powers  exercis- 
od  by  the  electors  under  such  statute. — :Bd.  of  Ed.  of  City  of  Muskegon  v. 
Smith,  lS<3/4'29.  'See  Bdl  of  Ed.  of  Owosso  v.  Goodrich, 


Issuing  bonds 
for  money 
borrowed. 


Interest 
thereon. 


Voters  may 
raise  tax  to 
redeem  bonds. 


District  may 
borrow  money 
to  pay  bonds, 
and  issue 
further  bonds. 


Proviso. 


(91)  §  5713.     SEC.  2.    Whenever  any  school  district  shall 
have  voted  to  borrow  any  sum  of  money,  the  district  board 
of  such  district  is  hereby  authorized  to  issue  the  bonds  of 
such  district,  in  such  form,  and  executed  in  such  manner  by 
the  moderator  and  director  of  such  district,  and  in  such  sums, 
not  less  than  fifty  dollars,  as  such  district  board  shall  di- 
rect, and  with  such  rate  of  interest,  not  exceeding  eight  per 
centum  per  annum,  and  payable  at  such  time  or  times  as  the 
said  district  shall  have  directed. 

The  statute  limits  the  authority  of  the  board,  in  issuing  bonds,  to  such  as 
are  authorized  by  the  district;  and,  before  the  board  can  act,  it  has  a  func- 
tion to  perform  in  its  nature  somewhat  judicial.  It  must  pass  upon  the  ques- 
tion whether  the  proceedings  in  voting  the  bonds-  are  such  as  will  authorize 
the  board  to  issue  them.  A  purchaser  of  the  bonds,  therefore,  need  look  n-> 
further  back  than  the  face  of  the  bonds  for  the  facts  which  show  a  compliance 
with  the  law. — Gibbs  v.  Sch.  Dist.,  88/3'37. 

(92)  §   5714.     SEC.  3.     Whenever  any  money  shall  have 
been  borrowed  by  any  school  district,  the  taxable  inhabitants 
of  such  district  are  hereby  authorized,  at  any  regular  meet- 
ing of  such  district,  to  impose  a  tax  on  the  taxable  property 
in  such  district,  for  the  purpose  of  paying  the  principal  thus 
borrowed,  or  any  part  thereof,  and  the  interest  thereon,  to  be 
levied  and  collected  as  other  school  district  taxes  are  col- 
lected. 

(93)  §  5715.     SEC.  4.     Any  school  district,  whenever  it 
shall  appear  that  the  same  can  be  done  on  terms  advantageous 
to  said  district,  may  borrow  money  to  pay  any  bonded  indebt- 
edness of  said  district  then  existing,  and  issue  further  bonds 
of  said  district  therefor:    Provided,  That  a  majority  of  the 
qualified   voters   of  said   district   shall   so   determine,   at   an 
annual  or  special  meeting  called  for  that  purpose;  and  that 
the  notice  of  such  meeting,  whether  annual  or  special,  shall 
state  the  intention  to  take  sucli  vote. 


IAL,  SCHOOL  LA"1 


'AI'ITA  TAX  AUTIIuRIZi;!)  IN  CERTAIN  SCHOOL 
DISTRICTS. 

An  Vet  to  prescribe  the  power  of  school  districts,  having  a  population 
o  not  less  than  fifteen  thousand  and  not  more  than  one  hundred 
t:  ousand,  where  taxes  are  based  on  a  per  capita  for  each  child  of 
s  hool  age,  to  impose  and  collect  taxes  for  school  purposes,  and  to 
r  peal  all  acts  or  parts  of  acts  inconsistent  therewith. 

[Act   48.    P.    A.    1/91(7.] 

The  People  of  the  State  of  Mich  it/an  enact: 

94)     SECTION  1.     The  district  board  or  board  of  educa-Taxfor 
tin  i  of  any  school  district  in  the  state  of  Michigan,  whose  purposes. 
population  shall  not  be  less  than  fifteen  thousand  and  not 
m<  re  than  one  hundred  thousand,  wherein  taxes  authorized 
to  be  raised  for  school  purposes  are  based  upon  a  rate  per 
ca]  ila  for  each  child  of  school  age  as  shown  by  the  last  pre- 
ce<  ing  school  census  of  the  district,  is  hereby  authorized  to 
iin  >ose  a  tax  on  the  taxable  property  of  the  district  for  the 
pn  -pose  of  paying  the  ordinary  expenses  of  conducting  its 
scl  ools  and  of  paying  all  or  any  part  of  the  principal  and  the 
interest    on   the  bonded   indebtedness  of  the  district,   to  be 
levied  and  collected  in  the  same  manner  as  provided  by  law 
foi  school  district  taxes,  in  an  amount  not  exceeding  the  rate  Amount, 
pe    capita  for  each  child  of  school  age  as  sho\vn  by  the  las.t 
preceding  school  census  of  the  district,  as  fixed  by  the  taxable 
inhabitants  of  such  school  district  at  any  regular  or  special 
nit  et  ing  of  such  district.    The  fixed  rate  per  capita  shall  con-  Rate 
tii  in-  until  changed  and  a  new  rate  fixed  at  a  regular  meeting  cc 
of  the  district  by  an  affirmative  vote  of  a-  majority  of  the 
taxable  inhabitants  of  the  district  voting  thereon. 

Section  2  repeals  all  acts  or  parts  of  acts,  whether  local  or  general,  in  any- 
wise conflicting  with  the  provisions  of  this  act. 


CHAPTER  VII. 


SUITS   AND    jriMJMKNTS    ACAIXST   DISTRICTS. 


I  i  !).">i     ^    llir.7.     Si;<\  2.     Justices  of  the  peace  shall  have  Justices  to 
risdiction  in  all  cases  of  assumpsit,  trespass  on  the  case  and  StetionUIrf~ 
.,plevin   against   school   districts,   when   the  amount  claimed,  certaincases- 
or  matter  in  controversy  shall  not  exceed  one  hundred  dollars; 
ai  d  the  parties  shall  have  the  same  right  of  appeal  as  in  other 
ses. 

Tliis   is   s-rtiMii    L'.    i-h.-ipt.'r   »;»*,.   nf   tin-  jinli.-atun-   :ic|    i-f    I'.tir,.    whi.-h    n-pmls 
i  47-ji   and  4728,  C,   I...   1307.     -  :  i  ,,f  i;»ir,.  i>P.  42G,  480. 

As    to    corponitr    IM.W.TS.    <•(<-..    sc.>    note   to    section    ::::.      M.-ihility    for   «li-h»s 
r   changes    made    in    districts. — See    sections    37-38    and    notes.      Action    of 
district   against   another  for  money   had  and   received. — 'Sch.   Dist.   v.   Sch. 
Dist,   40/551  ;   Andreas   v.    School   District.    138/54. 


56 


STATE  OF  MICHIGAN. 


(96)  §  12438.  SEC.  35.  In  suits  or  proceedings  against 
municipal  and  public  corporations  *  *  *  service  of  process 
may  be  made  as  follows : 


Service  of 
process. 


School 
district. 


Treasurer 
to  certify 
judgment. 


6.     Against  school  districts,  upon  the  president  of  the  board 
of  education,  director,  moderator  or  treasurer  of  such  district. 

This   is  an   excerpt  from    section   35,   chapter   13,    of   the   judicature   act   of 
1915.     See  Act  34J4  of  1013,  pp.  84,  480,  repealing  §   4722,  C.  L.  1897. 

(97)  §  12973.     SEC.  8.     No  execution  shall  issue  on  any 
judgment   against  a  school   district,   nor   shall   any   suit  be 
brought  thereon,  but  the  same  shall  be  collected  in  the  manner 
prescribed  in  this  chapter. 

Sections  8-12  are  taken  from   the  judicature  act    of  1913,   chapter  24.     See 
Act  3<14  of   1915,   p.   187,   superseding   §    4723',   C.    L.    1807. 

(98)  §  12974.    SEC.  9.    Whenever  any  final  judgment  shall 
be  obtained  against  the  school  district,  if  the  same  shall  not 
be  removed  to  any  other  court,  the  treasurer  of  the  district 
shall  certify  to  the  supervisor  of  the  township  and  to  the 
director  of  the  district  the  date  and  amount  of  such  judgment, 
with  the  name  of  the  person  in  whose  favor  the  same  was 
rendered,  and  if  the  judgment  shall  be  removed  to  another 
court,  the  treasurer  shall  certify  the  same  as  aforesaid,  imme- 
diately after  the  final  determination  thereof  against  the  dis- 
trict. 

See  Act  314,  of  1915,  p.   1ST,  superseding  §  4  7  £4,  C.   L.   1'897. 

(99)  .§  12975.  SEC.  10.    If  the  treasurer  shall  fail  to-certify 
the  judgment  as  required  in  the  preceding  section,  it  shall  be 
lawful  for  the  party  obtaining  the  same,  his  executors,  admin- 
istrators, or  assigns,  to  file  with  the  supervisor  the  certificate 
of  the  'justice  or  clerk  of  the  court  rendering  the  judgment, 
showing  the  facts  which  should  have  been  certified  by  the 
treasurer. 

See  Act   314,   of   1915,   p.   187,   superseding   §    4725,   C.   L.    1897. 

(100)  §  12976.    SEC.  11.    If  the  district  against  which  any 
such  judgment  shall  be  rendered  is  situated  in  part  in  two  or 
more  townships,  a  certificate  thereof  shall  be  delivered  as 
aforesaid  to  the  supervisor  of  each  township  in  which  such 
district  is  in  part  situated. 

See  Act  314,  of  191'5,  p.  187,  superseding   §   472>G,  C.  L.  181)7. 

(101)  §   12977.     SEC.  12.     The  supervisor  or  supervisors 
receiving  either  of  the  certificates  of  a  judgment  as  aforesaid 
shall  proceed  to  assess  the  amount  thereof,  with  interest  from 
the  date  of  the  judgment  to  the  time  when  the  warrant  for  the 
collection  thereof  will  expire,  upon  the  taxable  property  of  the 
district,  placing  the  same  on  the  next  township  assessment  roll 

HOW  collected  in  the  column  for  school  taxes;  and  the  same  proceedings  shall 
d'be  had,  and  the  same  shall  be  collected  and  i-elurned  in  the 
same  manner  as  other  district  taxes. 

See  Act  314.  of  It)  1'3,  p.  187,  superseding  §  4727,  C.  L.  1897, 


When  treas- 
urer fails 
to  certify. 


Fractional 

school 

district. 


supervisor 


GENERAL   SCHOOL  LAWS.  57 


CHAITKk  VIII. 


SITKS     FOK 

ini'i      §   r>71<;.     Si:<  riox    1.     The  qualified  voters  of  any  s 
iool  district,  when  lawfully  assembler!  may  designate  by  a  houses,  how 
:e  of  two-thirds  of  those  present,  such  number  of  sites  as  e\ecigm 
y  be  desired  for  schoolhouses  and  may  change  the  same  by 
lilar  vote  at  any  annual  or  special  meeting,  or  by  the  same 
V(  te  may  enlarge  any  existing  site.    "Whenever  the  question  of  Notice  of 
d<  -signaling  a  school  site  or  of  changing  a  school  site  is  to  be  m 
bi  Might  before  the  school  meeting,  the  notice  of  said  meeting 
si  all  state  the  intention  to  vote  upon  such  question.     When  when  in- 
m   site  can  be  established  by  such  inhabitants  as  aforesaid,  the  ?pe 
st  iool  inspectors  of  the  township  or  townships  in  which  the 
district  is  situated,  upon  .notification  by  the  district  board 
that  the  district  is  unable  to  fix  a  site,  shall  determine  where 
si  cli  site  shall  be,  and  their  determination  shall  be  certified  to 
tlie  director  of  the'district  and  shall  be  final,  subject  to  altera-- 
ti-m  afterwards  by  the  inspectors,  on  the  written  request  of 
tvo-thirds  of  the  qualified  voters  of  the  district,  or  by  two- 
thirds  of  the  qualified  voters  agreeing  upon  a  site  at  a  district 
in  }cting  lawfully  called. 

No  sin:  KSTAKLISHKI):  it  is  only  when  the  inhabitants  cannot  agree 
In  establishing  any  site  at  all,  that  the  inspectors  are  allowed  to  fix  one. — 
Ai  dress  v.  Inspect,,^.  1 U/332. 

TOWNSHIP  I'.oAKD:  r.,\vcrs  and  duties  formerly  given  to  school  inspec- 
tor now  vest  in  township  hoard. 

NoTK'K:  T!<r  amendment  of  1005  roquiros  that  notice  of  intention  to  vote 
on  a  change  of  sito  m\\*i  he  -riven  hefni-e  the  question  may  he  passed  on  at  an 
Maua]  m.'etin-.  Calkins  v.  Rice,  170/2314.  Insufficient  notice.— Id. 

i  in:1,)  §  5717.  SEC.  2.  Whenever  a  site  for  a  schoolhouse  wheincom- 
sl  all  be  designated,  determined,  established  or  enlarged  in 
any  manner  provided  by  law,  in  any  school  district,  and 
whenever  a  site  1'or  a  schoolhoiise  shall  be  designated,  deter- 
mined, established  or  enlarged  by  resolution  of  any  board  of 
education  of  any  city  and  such  board  of  education  or  such 
school  district  shall  be  unable  to  agree  with  the  owner  or 
o  vncrs  nf  such  sile  upon  the  mnipensa I  ion  to  be  paid  therefor, 
o  •  for  the  land  to  enlarge  the  same,  or  in  case  such  board 
o'  education  or  such  district  shall,  by  reason  of  any  imperfec- 
tion in  the  title  to  saiil  site.  <>r  land  to  be  added  thereto,  aris- 
ing either  from  break  in  the  chain  of  title,  tax  sale,  mortgages, 
levies,  or  any  other  cause,  be  unable  to  procure  a  perfect, 
unincumbered  title  in  fee  simple  to  said  site,  or  land  for  the 
eilargemcnt  thereof,  the  board  of  education  or  the  district 
b  >aid  of  such  district  shall  authorize  one  or  more  of  its  mem- 
bers to  apply  to  the  circuit  judge,  if  there  be  one  in  the  county, 
OP  to  a  circuit  court  commissioner  of  the  county,  or  to  any 


58 


STATE  OF  MICHIGAN. 


Proviso. 


When  jury 
to  be  sum- 
moned. 


justice  of  the  peace  of  the  city  or  township  in  which  such  school 
district  shall  be  situated,  for  a  jury  to  ascertain  and  de- 
termine the  just  compensation  to  be  made  for  the  real  estate 
required  by  such  school  district  for  such  site,  or  for  the 
enlargement  thereof  and  the  necessity  for  using  the  same, 
which  application  shall  be  in  writing,  and  shall  describe  the 
real  estate  required  by  such  board  of  education  or  by  such 
district  as  accurately  as  is  required  in  a1  conveyance  of  real 
estate:  Provided,  That  whenever  any  school  district  shall 
have  designated,  selected  or  established  in  any  manner  pro- 
vided by  law  and  whenever  the  board  of  education  of  any 
city  shall  have  designated,  selected  or  established  by  resolu- 
tion a  schoolhouse  site  or  land  for  the  enlargement  thereof 
such  selection,  designation  or  establishment  shall  be  prima 
facie  evidence  to  said  jury  of  the  necessity  to  use  the  site  so 
established. 

Smith  v.  Sch.  Dist.,  40/145.  Proceedings  to  condemn  land  for  a  schoolhouse 
site  will  be  quashed  if  there  is  no  lawful  designation  thereof  shown  by  the 
records. — Heck  v.  Sch.  Dis-t.,  49/551.  For  the  constitutional  questions  in 
volved  in  the  taking  of  private  property  for  public  use,  see  Const..  Art.  XIII, 
CONDEMNATION:  The  jurisdiction  to  condemn  lands  for  a  schoolhouse 
site  is  invoked  by  presenting  to  the  proper  officer  a  petition  designating  the 
site  and  showing  disagreement  with  the  owner  as  to  compensation  for  it. — 

(104)  §  5718.     SEC.  3.     It  shall  be  the  duty  of  such  cir 
cuiii  judge,   circuit   court    commissioner,  (or   justice   of   the 
peace,  upon  such  application  being  made  to  him,  to  issue  a 
summons  or  venire,  directed  to  the  sheriff  or  any  constable 
of  the  county,   commanding  him   to   summon   eighteen   free- 
holders residing  in  the  vicinity  of  such  site,  who  are  in  nowise 
of  kin  to  the  owner  of  such  real  estate,  and  not  interested 
therein,  to  appear  before  such  judge,  commissioner,  or  justice, 
at  the  time  and  place  therein  named,  not  less  than  twenty 
nor  more  than  fifty  days  from  the  time  of  issuing  such  sum- 
mons or  venire,  as  a  jury  to  ascertain  and  determine  the  just 
compensation  to  be  made  for  the  real  estate  required  by  such 
school  district  for  such  site,  or  for  the  enlargement  thereof, 
and  the  necessity  for  using  the  same,  and  to  notify  the  owner 
or  occupant  of  such  real  estate,  if  he  can  be  found  in  the 
county,  of  the  time  when  and  the  place  where  such  jury  i? 
summoned  to  appear,  and  the  object  for  which  such  jury  is 
summoned;  which  notice  shall  be  served  at  least  ten  days 
before  the  time  specified  in  such  summons  or  venire  for  the 
jury  to  appear  as  hereinbefore  mentioned. 

(105)  §  5719.    SEC.  4.    Thirty  days  previous  notice  of  the 
time  when  and  the  place  where  such  jury  will  assemble  shall 
be  given  by  the  district  board  of  such  district,   where  the 
owner  or  owners  of  such  real  estate  shall  be  unknown,  non- 
residents of  the  county,  minors,  insane,  non  compos  mentis, 
or  inmates  of  any  prison,  by  publishing  the  same  in  a  news- 
paper  published   in   the   county  where   such   real   estate   is 
situated;   or  if  there  be  no  newspaper  published    in    such 
county,   then  in  some  newspaper  published   in   the  nearest 


Owner  to 
be  notified. 


Notice  in 
case  owner 
is  unknown. 


E  GENERAL  SCHOOL  LAWS.  59 

inty  where  a  newspaper  is  published,  once  in  each  week 
•  four  successive  weeks,  which  notice  shall  be  signed  by  the 
trict  board  or  by  the  director  or  treasurer  of  such  district, 
d  shall  describe  the  real  estate  required  for  such  site,  or 
f<»  •  the  enlargement  thereof,  and  stale  the  time  when  and  place 
w  lere   such    jury    will    assemble,    and    the  object   for   which 
tley  will  assemble;  or  such   notice  may  be  served  on  such 
o^  fner  personally,  or  by  leaving  a  copy  thereof  at  his  last 
I>  ice  of  residence. 

(106)     §  5720.    SEC.  5.    It  shall  be  the  duty  of  such  judge,  Return  of 

.  '   .  ....  '  -i  venire  and 

c<  mmissioner,  or  justice,  and  of  the  persons  summoned  as  proceedings 
ji  rors,  as  hereinbefore  provided,  and  of  the  sheriff  or  con- l 
si  able  summoning  them,  to  attend  at  the  time  and  place 
s]  ecified  in  such  summons  or  venire;  and  the  officer  who  sum- 
n  on  eel.  the  jury  shall  return  such  summons  or  venire  to  the 
o  ficer  who  issued  the  same,  with  the  names  of  the  persons 
s  .nmioned  by  him  as  jurors,  and  shall  certify  the  manner  of 
n  >tifying  the  owner  or  owners  of  such  real  estate,  if  he  was 
f<  und ;  and  if  lie  could  not  be  found  in  said  county,  he  shall 
<••  Ttil'y  that  fact.  Either  party  may  challenge  any  of  the 
s,  id  jurors  for  the  same  causes  as  in  civil  actions.  If  more 
tl  an  twelve  of  said  jurors  in  attendance  shall  be  found  quali- 
fi  M!  to  serve  as  jurors,  the  officer  in  attendance,  and  who  issued 
th«-  summons  or  venire  for  such  jury,  shall  strike  from  the 
lUt  of  jurors  a  number  sufficient  to  reduce  the  number  of 
jurors  in  attendance  to  twelve;  and  in  case  less  than  twelve 
o ?  the  number  so  summoned  as  jurors  shall  attend,  the  sheriff 
o?  constable  shall  summon  a  sufficient  number  of  freeholders 
to  make  up  the  number  of  twelve;  and  the  officer  issuing  the 
s  minions  or  venire  for  such  jury,  may  issue  an  attachment  Attachment 
for  any  person  summoned  as  a  juror  who  shall  fail  to  attend, 
and  may  enforce  obedience  to  such  summons,  venire,  or  at- 
tichment.  as  courts  of  record,  or  justices'  courts  are  author- 
ised to  do  in  civil  cases. 

A    party     pivsrnt.    or   represented,    at   the   empaneling  of   the   jury   will    be 
tl  •••rni'd    to    have   waived   all    objection*   to   the  jury,   if  he  makes   none   then. — 

S  nitli    v.    School    Dist.,    40   1  I.".. 


i  H>7)     §   5721.     8i:c.   G.     The  twelve  persons  selected  as  Jury  t.»  u- 
he  jury  shall   be  duly  sworn   by  the  judge,  commissioner,  or  ^ 
usi  ice  in   attendance,   faithfully  and   impartially  to  inquire, 
scertain   and   determine  the  just    compensation   to  be  made 
lor  the  real  estate  required  by  such  school  district  for  such 
'ite,  or  f<>r   the  enlargement   thereof,   and    the  necessity   for 
using  the  same  in  the  manner  proposed  by  such  school  district  : 
id  the  persons  thus  sworn  shall  constitute  the  jury  in  such 
case.     Subpoenas  for  witnesses  may  be  issued,  ami   their  at-  subpoenas, 
tendance   compelled  by  such  circuit  judge,  commissioner  or  w 
justice  in  the  same  manner  as  may  be  done  by  the  circuit 
court  or  by  a  justice's  court  in  civil  cases.     The  jury  may  what  jury 
'••isit  and  examine  the  premises,  and  from  such  examination  t( 


60 


STATE  OF  MICHIGAN. 


Court  to 
attach  cer- 
tificate. 


Collection  of 
judgment. 


and  such  other  evidences  as  may  be  presented  before  them, 
shall  ascertain  and  determine  the  necessity  for  using  such 
relal  estate  in  the  manner  and  for  the  purpose  proposed  by 
such  school  district,  and  the  just  compensation  to  be  made 
therefor;  and  if  such  jury  shall  find  that  it  is  necessary  that 
such  real  estate  shall  be  used  in  the  manner  or  for  the  purpose 
proposed  by  such  school  district,  they  shall  sign  a  certificate 
in  writing  stating  that  it  is  necessary  that  said  real  estate, 
describing  it,  should  be  used  as  a  site  for  a  schoolhouse  for 
such  district,  or  to  enlarge  its  existing  site;  also  stating 
the  sum  to  be  paid  by  such  school  district  as  the  just  com- 
pensation for  the  same.  The  said  circuit  judge,  circuit  court 
commissioner,  or  justice  of  the  peace,  shall  sign  and  attach 
to,  and  indorse  upon  the  certificate  thus  subscribed  by  the 
said  jurors,  a  certificate  stating  the  time  when  and  the  place 
where  the  said  jury  assembled,  that  they  were  by  him  duly 
sworn  as  herein  required,  and  that  they  subscribed  the  said 
certificate.  He  shall  also  state  in  such  certificate  who  ap- 
peared for  the  respective  parties  on  such  hearing  and  in- 
quiry, and  shall  deliver  such  certificates  to  the  director,  or  to 
any  member  of  the  district  board  of  such  school  district. 

(108)  §   5722.     SEC.  7.     Upon  filing  such   certificates  in 
the  circuit  court  of  the  county  where  such  real  estate  is  sit- 
uated, such  court  shall,  if  it  finds  all  the  proceedings  regular, 
render  judgment  for  the  sum  specified  in  the  certificate  signed 
by  such  jury,  against  such  school  district,  which  judgment 
shall  be  collected  and  paid  in  the  manner  as  other  judgments 
against  school  districts  are  collected  and  paid. 

•Smith  v.  ;Sch.  Dist.,  40/143.  Mandamus  will  not  lie  to  compel  a  circuit 
judge  to  overrule  his  finding  that  the  proceedings  Mken  1' »r  t' e  condemna- 
tion of  a  site  were  irregular  and  to  comnol  him  to  enter  judgment  for  the 
amount  found  due. — iSch.  Dist.  v.  Judge,  49/43|2. 

(109)  §  5723.     'SEC.  8.     In  case  the  owner  of  such  real 
estate  shall  be  unknown,  insane,  non  compos  mentis,  or  an 
infant,  or  cannot  be  found  within  such  county,  it  shall  be  law- 
ful for  the  said  school  district  to  deposit  the  amount  of  such 
judgment  with  the  county  treasurer  of  such  county,  for  the 
use  of  the  person  or  persons  entitled  thereto ;  and  it  shall  be 
the  duty  of  such  county  treasurer  to  receive  such  money,  and 
at  the  time  of  receiving  it,  to  give  a  receipt  or  certificate  to 
the  person  depositing  the  same  with  him,  stating  the  time 
when  such  deposit  was  made,   and   for  what  purpose;   and 
such  county  treasurer  and  his  sureties  shall  be  liable  on  his 
bond  for  any  money  which  shall  come  into  his  hands  under  the 
provisions  of  this  act,  in  case  he  shall  refuse  to  pay  or  account 
for  the  same,  as  herein  required:  Provided,    That    no    such 
money  shall  be  drawn  from   such   county  treasurer,  except 
upon  an   order  of  the   circuit   court,   circuit   court   commis- 
sioner, or  judge  of  probate,  as  hereinafter  provided. 


When  owner 
is  unknown, 
etc.,  money 
to  be  depos- 
ited with 
county 
treasurer. 


Proviso,  how 
money  to  be 
drawn  from 
county 
treasurer. 


(1KXKR. 


i  110)  §  57LM.  Si:c.  1).  Ui)on  satisfactory  evidence  being 
presented  to  the  circuit  court  of  the  county  where  such  real  in  district. 
est  te  lies,  that  such  judgment,  or  the  sum  ascertained  and 
del  -i-mined  by  the  jury  as  the  just  compensation  to  be  paid 
by  :uch  district  for  such  site,  or  for'such  addition  to  its  site, 
ha  been  paid,  or  that  the  amount  thereof  has  been  deposited 
an  n'ding  to  the  provisions  of  the  preceding  sections,  such 
coi  rt  shall,  by  an  order  or  decree,  adjudge  and  determine 
ih;  t  the  title  in  fee  of  such  real  estate  shall,  from  the  time  of 
iiiji  dug  such  payment  or  deposit,  forever  thereafter  be  vested 
in  <uch  school  district  and  its  successors  and  assigns,  and 
sh.  11,  in  and  by  such  order  or  decree,  award  to  such  school 
di.-  rid  a  writ  of  possession  for  the  recovery  of  the  posses- 
si-  i  i  of  such  real  estate;  a  copy  of  which  order  or  decree,  cer- 
tii  'd  by  the  clerk  of  said  county,  shall  be  recorded  in  the 
oft  :e  of  the  register  of  deeds  of  such  county,  and  the  title  of 
su<  h  real  estate  shall  thenceforth,  from  the  time  of  making 
sin  h  payment  or  deposit,  be  vested  forever  thereafter  in  such 
scl  ool  district  and  its  successors  and  assigns  in  fee. 

Ill)     §  5725.     SEC.  10.    Such  school  district  may,  at  any  when^district 
tine  after  making  the  payment  or  deposit  hereinbefore  re- possession, 
qu  red,  enter  upon  and  take  possession  of  such  real  estate  for 
tin  use  of  said  district.    And  it  shall  be  the  duty  of  the  county  Writof  pos- 

.        „        .  ,  ,J  /   session  to  be 

clerk  of  said  county,  on  the  request  of  said  school  district,  to  issued  by 
issue  out  of  and  under  the  seal  of  the  circuit  court  of  said  to^heriff6^ 
county  a  writ  of  possession  as  awarded  in  such  order  or  de- 
cree; which  writ  shall  be  directed  to  the  sheriff  of  said  county, 
an  1  shall  be  tested  and  made  returnable,  and  shall  be  sub- 
st;  ntially,  so  far  as  may  be,  in  the  same  form  provided  for 
wills  of  possession  iii  actions  of  ejectment;  and  it  shall  be  siicriir  to 
the  duty  <>f  such  sheriff  thereupon  to  remove  the  respondent  JS^ondent. 
or  respondents  in  such  proceedings,  and  all  persons  holding 
iimler  them  or  either  of  them,  from  the  real  estate  described 
in   such   decree  and   in   such   writ,   and   deliver  the  possession 
th  M-eof  with  the  appurtenances  to  such  school  district. 

<  111' i     £    r>7L'f;.     SKC.   11.     In   case  the  jury  hereinbefore  when  jury 
provided  for  shall  not  agree,  another  jury  may  be  summoned 
in  the  same  manner,  and  the  same  proceedings  may  be  had, 
except  that  no  further  notice  of  the  proceedings  shall  be  nec- 
essary; but   instead  of  such  notice,  the  judge,  commissioner, 
or  justice  may  adjourn   the  proceedings  to  such  time  as  he 
shall  think  reasonable,  not  exceeding  thirty  days,  and  shall 
m  ike  the  pn.ros  to  summon  a  jury  returnable  at  such  time 
ar  d  place  as  Ihe  said  proceedings  shall  be  adjourned  to.    Such  J^JJ'JJSJJj 
proceedings  may  be  adjourned  from  time  to  time  by  the  said  three  month.-, 
judge,  or  commissioner,  or  justice,  on  the  application  of  either 
party,  and  for  good  cause,  to  be  shown  by  the  party  applying 
f<  r   such   adjournment,   unless    the   other   party   shall    consent 
to  such  adjournment  ;  but  such  adjournments  shall  not  in  all 
exceed  three  mouths. 


62 


STA/TE  OF  MICHIGAN. 


Proceedings 
in  case 
property  is 
encumbered. 


How  money 
deposited 
with  county 
treasurer 
may  be 
drawn. 


Compensation 
of  officers, 
etc.,  on 
proceedings. 


When  judge, 
etc.,  unable 
to  attend, 
another  may 
finish  pro- 
ceedings. 


(113)  §   5727.     SEC.   12.     In   case  the  said   schoolhouse 
site,  or  land  required  to  enlarge  the  same,  is  encumbered  by 
mortgage,  levy,  tax  sale,  or  otherwise,  as  aforesaid,  the  mort- 
gagee, or  other  parties  claiming  to  be  interested  in  said  title 
shall  severally  be  made  a1  party  to  the  procedure  as  afore- 
said, and  shall  be  authorized  upon  the  filing  of  the  certificate 
of  the  jury  in  the  circuit  court  of  said  county,  to  appear  be- 
fore the  circuit  judge  and  make  proof  relative  to  their  pro- 
portionate claims  to  the  said  site,  or  the  compensation  to  be 
made  therefor,  as  determined  by  said  jury.    And  the  said  cir- 
cuit judge  shall,  by   decree,   settle  their  several   claims   in 
accordance  with  the  rights  of  the  parties  respectively,  and 
may  divide  the  sum  awarded  by  said  jury  between  the  claim- 
ants as  in  his  judgment  will  be  equitable  and  right,  rendering 
against  said  district  a  separate  judgment  for  each  of  the 
amounts  so  awarded. 

(114)  §  5728.     SEC.  13.    The  circuit  judge,  judge  of  pro- 
bate, or  circuit  court  commissioner  of  any  county  where  any 
money  has  been  deposited  with  the  county  treasurer  of  such 
county,   as   hereinbefore  provided,    shall,   upon   the   written 
application  of  any  person  or  persons  entitled  to  such  money, 
and  upon  receiving  satisfactory  evidence  of  the  right  of  such 
applicant  to  the  money  thus  deposited,  make  an  order,  di- 
recting the  county  treasurer  to  pay  the  money  thus  deposited 
with  him  to  said  applicant;  and  it  shall  be  the  duty  of  such 
county  treasurer,  on  the  presentation  of  such  order,  with  the 
receipt  of  the  person  named  therein,  indorsed  on  said  order 
and  duly  acknowledged,  in  the  same  manner  as  conveyances 
of  real  estate  are  required  to  be  acknowledged,  to  pay  the 
same;  and  such  order,  with  the  receipt  of  the  applicant  or 
person  in  whose  favor  the  same  shall  be  drawn,  shall,  in  all 
courts  and  places,  be  presumptive  evidence  in  favor  of  such 
county  treasurer,  to  exonerate  him  from  all  liability  to  any 
person  or  persons  for  said  money  thus  paid  by  him. 

(115)  §  5729.    SEC.  14.    Circuit  judges,  circuit  court  com- 
missioners, and  justices  of  the  peace,  for  any  services  ren- 
dered under  the  provisions  of  this  act,  shall  be  entitled  to  the 
same  fees  and  compensation  as  for  similar  services  in  other 
special    proceedings.     Jurors,   constables,   and   sheriffs   shall 
be  entitled  to  the  same  fees  as  for  like  services  in  civil  cases 
in  the  circuit  court. 

(116)  §  5730.    SEC.  15.    In  case  any  circuit  judge,  circuit 
court  commissioner,  or  justice  of  the  peace,  who  shall  issue  a 
summons  or  venire  for  a  jury,  shall  be  unable  to  attend  to  any 
of  the  subsequent  proceedings  in  such  case,  any  other  circuit 
court  commissioner  or  justice  of  the  peace  may  attend  and 
finish  said  proceedings. 


GENERAL  SCHOOL  LAWS. 


APPEAL 

0  17)     §  5731.    SECTION  1.    Whenever  any  five  or  more  tax  ^peai^how 
payi  ig  electors  having  taxable  property   within   any  school  Ution  of m 


CHAPTER    IX. 


AITKALS    FROM    ACTION    OF    TOWNSHIP    HOARD. 


dist  ict  shall  feel  themselves  aggrieved  by  any  action,  order 
or  (1  vision  of  the  township  board  or  joint  boards  with  refer- 
ence to  the  formation  or  any  division  or  consolidation  of  said 
sch<  >1  district,  they  may,  at  any  time  within  sixty  days  from 
the  time  of  such  action  on  the  part  of  said  board,  appeal 
fron   such  action,  order  or  decision  of  said  board  to  the  county 
com  nissioner  of  schools  and   a1  circuit  court   commissioner 
of  t  ie  county  in  which  such  school  district  is  situated.    The  Board  of 
com  ty   commissioner  of  schools   and  circuit   court   commis-  w£fto ' 
sion  ;r  shall  constitute  a  board  of  appeals  for  all  such  cases  constl 
and   shall  be  entitled  to  the  usual  fees  provided  by  statute 
for   circuit  court  commissioner.     When  an  appeal  shall  be 
filed    with   the  board   of  appeals   herein   provided   for,   said 
boa  id  shall  serve  notice  on  the  clerk  of  the  township  board 
or  t  ie  clerks  of  the  joint  boards  who  have  made  the  decision 
appealed  from,  and  said  clerk  or  clerks  shall  notify  the  sev- 
eral members  of  such  board  of  such  appeal.    The  notice  to  the  J^JJ*^10 
clei\;  and  township  board  shall  state  the  day  and  hour  when  clerk,  what 
sucl    appeal  will  be  heard,  and  it  shall  be  the  duty  of  said  t( 
board  of  appeals  to  review,  confirm,  set  aside  or  amend  the 
acti  >n,  order  or  decision  of  the  township  board  or  boards 
thus-  appealed  from;  or  if  in  its  opinion  the  appeal  is  frivolous 
or    vithout  sufficient  cause  it  may  summarily   dismiss   the 
same. 

ACTION  OF   INSPECTORS:     The  board  of  inspectors  act  in   the   exercise 

of   a    public    discretionary    power    in    creating   or  -changing   districts,    which    can 

be   r«  viewed,    if   at    all,    only   by    some   direct    appellate   process   which   operate** 

upon   the  proceedings  themselves  to  affirm,   reverse   or   change   them. — Clemejit 

erest,   i;:*   r.t. 

AI'IT.AL:  School  Dist.  v.  Witeox.  4,8/404.  When  it  seems  an  appeal 
could  not  be  taken. — Sch.  Dist.  v.  Sch.  Dist,  63/57-8. 

CHRTIORAKI:  The  issuance  of  a  writ  of  certlorari  being  largely  discre- 
tionary, and  not  permissible  to  accomplish  a  palpable  injustice,  a  writ  issued 
to  r>view  the  setting  aside  of  the  organization  of  a  school  district  out  of 
the  territory  of  two  others  will  be  dismissed  when  each  of  the  three  districts 
as  sn  organized  would  be  financially  unable  to  support  a  school  .without  im- 
posii  g  upon  the  residents  a  greater  burden  than  they  are  able  to  bear. — Silver 
:ailton  Township  Board,  146/393. 

(118)     §  5732.     SEC.  2.     Said  appellants  shall,  before  tak-  Appellants  to 
ing  such  appeal,  make  out  and  file  with  the  board  of  appeals  Statement1 
a  \\ritton  statement,  to  be  signed  by  said  appellants,  setting 
forth   in   general    terms  the  action,  order  or  decision  of  the 
township    board    with    respect    to    which    the   appellants   feel 
the  iiM-lves  aggrieved,  and   their  demand  for  an  appeal  there- 
from to  the  board  of  appeals,  and  shall  also  cause  to  be  exe- 
I'ut.'d  and  signed  by  one  of  their  number,  and  by  two  good 


64 


STATE  OF  MICHIGAN. 


Township 
board,  when 
to  file  tran- 
script of  pro- 
ceedings, etc. 


and  sufficient  sureties  to  be  approved  bv  the  board  of  appeals, 
Bond,  a  bond  to  the  people  of  the  state  of  Michigan  in  the  penal 

of'  sum  of  two  hundred  dollars,  conditioned  for  the  due  prosecu- 
tion of  said  appeal  before  said  board,  and  also  in  case  of  the 
dismissal  of  said  appeal  as  frivolous  by  said  board  for  the 
payment  by  said  appellants  of  all  costs  occasioned  by  reason 
of  said  appeal. 

BOND :  The  statute  is  positive  in  requiring  the  bond  to  be  approved  and 
it  cannot  be  dispensed  with. — Clement  v.  Everest,  2Q/\21.  The  appeal  is  not 
complete  without  such  approval. — Id. 

(119)  §  5733.  SEC.  3.  Upon  the  filing  of  such  appeal 
papers  and  bond  with  the  said  board  of  appeals  and  after 
notice  by  the  board  of  appeals  to  the  township  board  from 
whose  decision  appeal  is  taken,  said  township  board  shall 
within  ten  days  thereafter  make  out  and  file  with  the  said 
board  of  appeals  a  full  and  complete  transcript  of  all  its  pro- 
ceedings, actions,  orders  or  decisions  with  reference  to  which 
the  appeal  is  taken  and  of  its  records  of  the  same;  also  said 
bond  and  appeal  papers  and  all  petitions  and  remonstrances, 
if  any,  with  reference  to  .the  matters  appealed  from,  and  upon 
the  filing  of  the  same  with  said  board  of  appeals  the  said 
board  shall  be  deemed  to  be  in  possession  of  the  case,  and  if 
the  return  be  deemed  by  it  insufficient  the  board  may  order  a 
further  and  more  complete  return  by  said  township  board, 
and  when  such  return  shall  by  it  be  deemed  sufficient  it  shall 
proceed  with  the  consideration  of  the  appeal  at  such  time  or 
times,  within  tea  days  after  such  return  in  such  manner  and 
under  such  affirmation,  amendment  or  reversal  of  the  action, 
order  or  decision  of  the  township  board  appealed  from,  as  in 
its  judgment  shall  seem  to  be  just  and  right ;  or  if  it  deem  the 
appeal  to  be  frivolous  it  may  summarily  dismiss  the  same. 


CHAPTER  X. 


Organization 
of  graded 
school 
district. 


Notice  of 
intent. 

Board  of 
education. 


GRADED    SCHOOL    DISTRICTS. 

(120)  §  5734.  SECTION  1.  Any  school  district  containing 
more  than  seventy-five  children  between  the  ages  of  five  and 
twenty  years,  may,  by  a  majority  vote  of  the  qualified  voters 
present  at  any  annual  or  special  meeting,  organize  as  a  graded 
school  district.  The  intention  to  submit  the  question  of  the 
organization  of  a  graded  school  district  shall  be  expressed  in 
the  notice  of  such  annual  or  special  meeting.  When  such 
change  in  the  organization  of  the  district  shall  have  been 
voted,  the  voters  at  such  annual  or  special  meeting  shall 
proceed  immediately  to  elect  by  ballot  a  board  of  education 
of  five  members,  one  member  for  the  term  of  one  year,  two 
for  the  term  of  two  years  and  two  for  a  term  of  three  years, 


GENERAL  SCHOOL  LAWS.  65 


mcl  annually  thereafter  a  successor  or  successors  to  the  mem- 

>er  or  members  whose  term  of  office  shall  expire.    Any  quali-  Who  eligible. 

ied   voter   in   such    district   whose   name   appears   upon   the 

issessment  roll  at  the  time  of  such  election  and  who  is  the 

>\vncr  in  his  own  right  of  the  property  so  assessed,  shall  be 

?ligible  to  election  or  appointment  to  the  office  of  member  of 

che  board  of  education.     Tn  the  election  of  members  of  the  J1*J;jt°rity 

»oard  of  education  and  all  other  school  officers,  the  person6 

-eceivin.ii-  a  majority  of  all  the  votes  shall  be  declared  elected: 

I'rm  ided.    That   all   gr.ided    school   districts  organized   prior  Proviso. 

to  the  year  nineteen   hundred  seven  shall  operate  after  the 

passage  of  this  act  under  the  provisions  of  this  act  without 

reor^anizalion  :   And  provided  also,  That  in  all  such  districts  Proviso. 

the  im-mbers  of  the  board  of  education  hereafter  elected  shall 

be  elected  under  the  provisions  of  this  act. 

Am.   11)17.  Act   if,. 

Sinn-kins   v.   W::nl.   4."  T.02. 

"I»Y  OF  RECORDS  :  The  proceedings  provided1  by  statute,  sections 
9643-9«'51,  C.  I,.,  lsi>7.  1. ',:-:, 4n-13vH>2n.  C.  L.  191o  (chap  30,  judicature  act  of 
li'l.l),  to  compel  delivery  of  books  and  papers  by  a  public  officer  to  his  successor, 
are  not  adapted  to  a  determination  of  the  rights  of  contestants  to  any  office, 
hut  are  merely  appropriate  for  ascertaining  whether  a  petitioner  is  prinia 
facie  such  an  officer  as  entitles  him  to  possession  of  the  books  and  papers  of 
t'-e  office.  After  an  adjudication  of  this  question  by  a  court  of  competent 

•  Jurisdiction  the  defeated  party  can  not  review  the  judgment  by  certiorari  and 
thereby  defeat  the  object  of  the  statute,  but  must  resort  to  quo  warranto  or 
other  proceedings  appropriate  to  try  title  to  nn  office. — Murta  v.  Carr  140  r>0(>. 
GRADED  SCHOOL  DISTRICTS  :  The  wisdom  of  the  graded-school-district 
act  was  vindicated  in  Stuart  v.  Sen.  Dist.,  30/69,  and  its  validity  determin- 
ed.— Keweenaw  Ass'n  v.  Sen.  Dist.,  98/439.  It  is  competent  under  the  con- 
stitution to  provide  by  taxation  for  free  instruction  in  the  higher  departments 
of  education,  in  union  and  high  schools. — Stuart  v.  Sen.  Dist.,  30/69.  Union 

•  and  graded  schools,  whether  organized  under  the  general  law  or  created  by 
special  enactment  are  subject  to  the  general  primary  school  law.  except  as  other- 
wise provided  in  the  law-  creating  them. — People  v.  Detroit  Board  of  Educa- 
tion. 18/411:  Kewenaw  Ass'n  v.  Sch.  Dist,  98/442. 

ALL  oTiIKK  OFFICERS:  The  term  "all  other  school  officers"  includes 
the  director,  moderator  and  assessor  of  primary  school  districts,  there  being 
no  others  to  whom  it  could  refer,  ns  the  trustees  are  the  only  officers  to  be 
elected  In  graded  school  districts. — Cleveland  v.  Amy,  88/377. 

LBGISIiATIVB   PROVISIONS:     The  constitution  does  not  require  an  abso- 
lute   uniformity    in    school    districts    throughout    the    state   and    the   legislature 
lias   not   so   construed    the    constitutional   provisions.     Uniformity   has   not   been 
kept  uj)  ;  graded  sch-ols  h.ive  been  established;  boundaries  of  districts  changed 
and   fixed   by  the  legislature;  and  the  qualifications  of  electors  at  school   meet- 
ings  have  Id-en   fixed,  limiting  the  classes  entitled   to  vote  and  providing  excep- 
tional   methods    of    electing   officers.     The   mayor   of   Grand    Rapids    is   made   a 
rnstee   and    ex-officio    member   of   the  board    of   education:    -ind    being   a    trustee 
ie  is   eligible   to   the  office  of   president   of   the   board.     The  president   of   the 
oard  has   the  veto  power.     The  mayor  of  Alpena  Is  president  of   the  board, 
nd   the  trustees   elected  constitute  the  board,  and  exercise  all  the  powers  and 
erform    the    duties    of   trustees.     The   mayor   of   Detroit,    as    ex-officio    member 
f   the   bo. "rd   of   education    has   the  veto   power,   and   this  provision   is   constitu- 
ional. — Pingree  v.  Board  of  Education,  99/407-9.     It  is  no  new  thing  for  the 
•gislature  to  irx  the  boundaries  of  school  districts.     It  Is  done  by  the  charter 
f  nearly  every  city  or  village  in  the  state,  and   some  of  them   1:0    s  >  far  as  to 
n.\  -i'.nal  methods  of  electing  -.Ulcers  and  limiting  tlie  classes  entitled 

o    vote     ("citing     Mudu'«'    v.     .T'.ries.    59/165). — Kewe.-naw     Ass'n    v.     Sch.    Dist., 
^'1-11.     And   in    Perri/.o   v.    K  _SO.  an  act   providing  for  the  organiaa- 

ion  of  school  districts  from  entire  townships  was  held  valid. — Id.  441'. 

i  li'l  )     §  r>7.">r>.     Siv.  i*.    Within  ten  days  after  his  election,  Acceptance 
each    member   shall    lile    with    the   secretary  of   the  board   an01 
cceptance  of   the   (.nice   to    which    he   has  been   elected,   ac- 
companied by  an  ailidavii  setting  forth  the  fact  of  eligibility 
as  described   iii  section   one  of  this  chapter.     The  board  of  Organization, 
education   shall  annually,  and   within  fifteen  days  after  the of 
annual  meeting,  or  within  fifteen  days  after  the  organization 
9 


66 


STATE  OF  MICHIGAN. 


Vacancies. 


Bond  of 
treasurer. 


under  this  act,  elect  from  its  own  number  a  president,  a  secre- 
tary and  a  treasurer,  and  for  cause  may  remove  the  same 
from  such  offices  and  may  appoint  others  of  their  number  in 
such  places,  and  these  officers  shall  perform  the  duties  pre- 
scribed by  the  general  school  law  for  the  moderator,  director 
and  treasurer  of  the  district,  except  as  hereinafter  provided. 
The  board  of  education  shall  have  power  to  fill  any  vacancy 
that  may  occur  in  its  number  until  the  next  annual  meeting, 
and  if  three  vacancies  occur  at  the  same  time  a  special  meet- 
ing of  the  district  shall  be  called  to  elect  members  of  the 
board  to  fill  such  places.  .Within  thirty  days  after  his  ap- 
pointment, the  treasurer  of  the  board  shall  file  with  the  sec- 
retary an  official  bond  in  such  an  amount  and  form  as  may 
be  determined  by  said  board.  Said  bond  may  be  either  per- 
sonal or  of  some  surety  company  authorized  to  do  business  in 
this  state,  and  it  shall  be  given  for  a  sum  not  less  than  the 
greatest  amount  of  money  that  the  treasurer  may  have  in 
his  possession  or  under  his  control  at  any  time  during  his 
term  of  office,  as  near  as  the  same  can  be  determined.  When 
a  personal  bond  is  given  it  shall  be  signed  by  not  less  than 
two  sureties,  each  of  whom  shall  justify  under  oath  to  the 
full  amount  of  the  bond.  If  a  surety  bond  is  required  and 
purchased,  it  may  be  at  the  expense  of  the  district.  When- 
ever, in  any  case,  the  board  of  education  shall  fail  or  neglect 
to  elect  the  officers  of  the  board  named  in  this  section  within 
fifteen  days  next  after  the  annual  meeting,  or  after  the  organ- 
ization of  the  district,  the  township  board  or  the  common 
council  of  any  city  within  which  said  district  is  located  shall 
appoint  the  said  officers  from  the  members  of  the  board. 

VACANCIES — COSTS:  The  minority  of  a  school  board  have  no  authority 
to  commence  an  action  in  its  name,  and,  if  they  do  so,  they  will  be  indi- 
vidually responsible  for  the  costs. — Johnston  v.  Mitchell,  120/589. 

(122)  §  5736.  SEC.  3.  It  shall  be  the  duty  of  the  board  of 
education  in  any  graded  school  district : 

First,  To  determine  the  course  of  study  to  be  pursued  and 
to  cause  the  pupils  attending  school  in  such  district  to  be 
taught  in  such  schools  or  departments  as  they  may  deem 
expedient ; 

Second,  To  establish  in  such  district  a  high  school,  when 
directed  by  a  vote  of  the  district  at  any  annual  or  special 
meeting,  and  to  determine  the  qualifications  for  admission 
to  such  high  school  and  the  fees  to  be  paid  for  tuition  by 
non-resident  students:  Provided,  That  when  non-resident 
students,  their  parents  or  legal  guardians  shall  pay  a1  school 
tax  in  said  district,  the  same  shall  be  credited  on  their  tuition 
a  sum  not  to  exceed  the  amount  of  such  tuition,  and  they 
shall  only  be  required  to  pay  tuition  for  the  difference  between 
the  amount  of  the  tax  and  the  amount  charged  for  tuition; 

Third,  To  audit  and  order  the  payment  of  all  accounts  of 
the  secretary  for  incidentals  or  other  expenses  incurred  by 
him  in  the  discharge  of  his  duties;  but  not  more  than  one 


Township 
board  or 
city  council 
may  appoint 
officers  of 
board. 


Board  of 
education. 

To  determine 
course  of 
study. 


To  establish 
high  school. 


Proviso, 
tuition  of 
non-residents. 


To  audit 
accounts  of 
secretary. 


GENERAL  SCHOOL  LAWS.  67 

linn  red  dollars  shall  be  expended  by  the  secretary  in  one 
year  for  repairs  of  buildings  or  appurtenances  of  the  district 
pro]  ?rty  or  for  necessary  appendages  without  the  authority 
of  i  e  l»nard  of  education  ; 

F<  urth,  To  estimate  and  vote  the  amount  of  tax  necessary,  TO  estimate 
in  j  Idition   to  other  school   funds,  for  teachers'  wages,  fuel  amounurf 
and  incidental  expenses,  for  the  ensuing  year,  and  when  the  tax- 
vod  -s  fail  or  neglect  to  vote  the  same,  to  estimate  and  vote 
the    amount    of    tax    necessary   for   salaries   of   officers    and 
ser\  nits,  and  when  such  tax  has  been  voted  by  the  board  of 
edu  at  ion  it  shall  be  reported  to  the  assessing  officer  in  the 
sain  »  manner  as  other  taxes  of  the  district  are  reported; 

1-  I'tli,  In  all  villages  and  cities  organized  as  graded  school  TO  employ 
dist  -lets  under  the  provisions  of  this  act,  in  which  districts  tendelu of 
six   -r  more  teachers  are  employed,  to  employ  a  superintendent  K 
of  s  -hools  who  shall  be  the  holder  of  at  least  a  state  life  cer- 
til'n  \te  or  a  normal  school  diploma,  or  wrho  shall  have  educa- 
\tioi  al  qualifications  equivalent  thereto,  and  said  superintend-  Duties  of 
ent  shall  have  the  following  duties:  SESSt" 

(  i)  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause  until  the 
boa  •{[  of  education,  or  a  committee  of  such  board,  may  con- 
sidi  r  such  suspension  ; 

(  ))     To  classify  and   control  the  promotion  of  pupils; 

( :j  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  study  and  the  proper  text-books  to  be 

( 1)  To  make  reports  in  writing  to  the  board  of  education 
am  to  the  superintendent  of  public  instruction  annually  or 
ol'h  ner  if  required,  in  regard  to  all  matters  pertaining  to  the 
educational  interests  of  the  district; 

(e)  To  supervise  and  direct  the  work  of  the  teachers; 

(f)  To  assist  the  board  in  all  matters  ^pertaining  to  the 
general  welfare  of  the  school  and  to  perform  such  other  duties 
as    he  board  may  determine. 

Hxth,  To  employ  all  legally  qualified  teachers  necessary  TO  employ 
for  the  several  schools  upon  recommendation  of  the  super  i  n-  dSemSie 
ten  lent,  and  to  determine  the  amount  of  their  compensation,  sai"y  of.  etc. 
am  i  to  require  the  secretary  and  president  to  make  contracts 
with   the  same  on  behalf  of  the  district  in  accordance  with 
the  provisions  of  law  governing  contracts  with  teachers:  Pro- Proviso. 
vided.  That  the  board  of  education  may  employ  a  teacher  not 
recommended    by    the   superintendent,   or    may    reinstate    a 
teacher  suspended  by  the  superintendent; 

S'-\enth.  To  employ  such  other  officers  and  servants  as  may  Toempioy 
he  accessary  for  the  management  of  the  schools  and  school  offlSrs. 
property,   and    to   prescribe   their   duties   and   fix   their  com- 
pensation; 

jCighth,  To  perform   such  other  duties  as  are  required  of  other  duties 
di>triet  hoards  in  other  school  districts,  or  as  may  be  neces- ° 
to  the  general  welfare  of  the  school  and  district. 


68 


STATE  OF  MICHIGAN. 


FIRiST:  To  classify  and  grade. — People  v.  Detroit  Bd.  of  Ed.,  18/412. 
Under  our  system  it  is  common  and  convenient  to  have  the  various  grades 
in  one  building  and  there  is  nothing  illegal  in  it. — (Hathaway  v.  New  Balti- 
more, 48/255.  The  authority  to  classify  and  grade  the  pupils  and  prescribe 
the  course  of  studies  confers  the  power  to  provide  for  teaching  music  and  to 
purchase  a  piano  for  such  purpose. — Knaibe  v.  Board  of  Education,  67/262. 

FOURTH  :  A  contract  with  a  qualified  teacher,  made  pursuant  to  a  reso- 
lution adopted  by  a  majority  of  the  trustees  and  signed  by  the  moderator 
and  assessor  and  one  of  the  trustees,  is  valid  though  not  signed  by  the  direc- 
tor.—Farrell  v.  Sch.  Dist.,  98/43  (citing  Crane  v.  Sch.  Dist,  61/299).  The 
board  has  power  to  employ  a  qunlified  teacher  for  the  ensuing  year  prior  to  the 
annual  school  meeting. — Id.  (Citing  Tappan  v.  Sch.  Dist.,  44/500;  Cleveland 
v.  Amy,  88/3T4).  The  power  to  employ  teachers  conferred  upon  the  district 
boards  of  primary  schools  is  co-extensive  with  that  conferred  upon  the  boards 
of  trustees  of  graded  schools. — Cleveland  v.  Amy,  88/376.  Teachers  in  grad- 
ed schools  are  required  to  have  certificates  in  the  same  mapner  as  teachers  in 
primary  schols  ;  but  a  person  employed  by  the  board  to  superintend  and  man- 
age the  schools  need  not  be  a  teacher  nor  have  a  teacher's  certificate. — Davis 
v.  Sch.  Dist.,  81/214.  The  trustees  are  empowered  to  employ  all  teachers 
necessary,  and  what  teachers  are  necessnry  is  left  to  be  decided  by  their  sound 
discretion. — Tappan  v.  Sch.  Dist.,  44/502. 

FIFTH  :  The  poAver  to  appoint  a  superintendent  of  schools  is  incident  to 
the  full  control  which  by  law  the  board  has  over  the  schools. — Stuart  v.  Sch. 
Dist..  30/85.  Qualification  of  superintendents,  see  Davis  v.  Sch.  Dist.,  81/ 
219-20. 

SIXTH:  A  contract  between  a  teacher  and  a  graded  school  district  is  in- 
valid, unless  a  teacher,  at  the  time  of  making  the  contract,  has  the  certificate 
required  by  section  2<90,  authorizing  her  to  teach  during  the  term  covered  by 
the  contract ;  obtaining  a  certificate  after  the  making  of  the  contract,  and  be- 
fore commencement  of  school,  is  not  a  compliance  with  the  statute. — McClos- 
key  v.  Sch.  Dist.,  l'34/235. 


Altering 
boundaries  of 
graded  school 
district. 


Proviso, 
appeal. 


Bond, 
amount,  etc. 


Probate  judge 
to  review 
action. 


(123)  §  5737.  SEC.  4.  No  alterations  shall  be  made  in  the 
boundaries  of  any  graded  school  district  without  the  consent 
of  a  majority  of  the  trustees  of  said  district,  which  consent 
shall  be  spread  upon  the  record  of  the  district,  and  placed  on 
file  in  the  office  of  the  clerk  of  the  township  or  city  to  which 
the  reports  of  said  district  are  made:  Provided,  however, 
That  any  three  or  more  taxpaying  electors  having  children 
between  the  ages  of  five  and  twelve  years,  feeling  themselves 
aggrieved  by  any  action,  order  or  decision  of  the  board  of 
trustees  with  reference  to  the  alteration  of  said  school  dis- 
trict affecting  their  interests,  may,  at  any  time  within  sixty 
days  from  the  time  of  such  action  on  the  part  of  said  board 
of  trustees,  appeal  from  such  action,  order  or  decision  of  such 
board  of  school  trustees  to  the  judge  of  probate  of  the  county 
in  which  such  schoolhouse  is  situated  in  the  same  manner, 
as  nearly  as  may  be,  as  appeals  from  the  action  of  the  town- 
ship board,  as  provided  by  chapter  nine  of  this  act.  Said  ap- 
pellants shall  file  a  bond  with  said  judge  of  probate,  with 
sufficient  sureties  to  be  approved  by  said  judge  of  probate,  in 
the  penal  sum  of  not  exceeding  two  hundred  dollars  in  the 
discretion  of  the  judge  of  probate,  indemnifying  said  school 
district  of  any  and  all  costs  made  on  such  appeal  in  case  the 
appellants  shall  not  prevail  therein.  Whereupon  said  judge 
of  probate  shall  be  empowered  to  entertain  such  appeal,  and 
review,  confirm  or  set  aside  or  amend  the  action  of  the  board 
of  the  trustees  appealed  from. 

Am.    1919,    Act    .'M1. 

NO  AUTBRATION  :  People  v.  Ryan,  19/207  ;  Simpkins  v.  Ward,  45/559  ; 
Burnett  v.  Inspectors,  97/1O3.  Addition  of  territory  by  legislative  action. — 
Keweenaw  Ass'n  v.  Sch.  Dist.,  98/439-41. 


;ENERAL  SCHOOL  LAWS.  69 


(  24)      ^  5i::s.     SEC.  5.    Whenever  two  or  more  contiguous  Graded 
disM'icts,   having   together  more   than   one  hundred   children 
bet  /ecu  the  ages  of  live  and  twenty  years,  after  having  P^b" 


lisl   •(!  in  the  notices  of  the  annual  meetings  of  each  district  unite  for. 
the  intention  to  take  such  action,  shall  severally,  by  a  vote  of 
a  i   ajority  of  the  qualified  voters  attending  the  annual  meet- 
ing v  in  said  districts,  determine  to  unite  for  the  purpose  of 
est  .blishing  a  graded  school  district  under  the  provisions  of 
tin  ,   chapter,   the   township  board  of  the  township   or  town- Township 
sh    »s  in  which  such  districts  may  be  situated  shall,  on  being  JJu'ty'V 
pr«  perl}'  notified  of  such  vote,  proceed  to  unite  such  districts, 
an     shall  appoint  as  soon  as  practicable  a  time  and  place  for 
a     leeting  of  the  new  district,  and  shall  require  three  notices  Notices, 
of  the  same  to  be  posted  in  each  of  the  districts  so  united  atP°stine°f- 
lei  st  live  days  before  the  time  of  such  meeting,  and  at  such  Board  of 
imeting  the  district  shall  elect  a  board  of  trustees,  as  pro- * 
vi'  ed  in  section  one  of  this  chapter,  and  may  do  whatever 
business  may  be  done  at  any  annual  meeting. 

Burton  v.  Koch,  164 

(125)     §    57.".!).     SEC.    G.     Whenever   the  trustees   of  any  Primary 
organized   graded   school  djstrict  shall  be  presented  twenty  SstXcts. 
d;  ys  before  the  annual  meeting  thereof  with  a  petition  signed  JJJJJ51  ™ta<f 
b\   ten  voters  of  said  district,  stating  that  it  is  the  desire  of  C 
said  petitioners  that  at  the  annual  meeting  of  said  school  dis- 
trict there  shall  be  submitted  to  said  annual  meeting  the  prop- 
option  to  change  from  a  graded  school  district  to  one  or  more 
primary    school    districts,    the   said    trustees    shall,   in    their 
notice  of  such  annual  meeting,  state  that  the  proposition  set 
f<  rih  in  said  petition  will  be  presented  to  said  meeting,  and 
if  two  thirds  of  the  qualilied  voters  present  at  said  meeting 
shall  vote  to  change  to  one  or  more  primary  school  districts 
such   change  shall   be  made,  ami   it  shall  be  the  duty  of  the  Township 
township  board  of  the  township  or  townships  in  which  such  jjm^of 
district     is    situated,    upon    being    duly    notified    of    such 
v  >te,  to  proceed   to  change  or  divide  such  district  as  deter- 
mined  by   such   annual   meeting,  and  they  shall  provide  for  First 
t  ie  holding  of  the  first   meeting  in  the,  or  each  of  the,  pro- meeting- 
I  osed  primary  school  districts  in  the  same  manner  as  is  pro- 
\ided  for  by  law  for  the  organization  of  primary  school  dis- 
tricts, and  whenever  a  fractional  graded  school  district  shall  Fractional 
l>e  so   changed,    the   township   boards   of    the   respective   town-  districts- 
>hips   where  such   graded   school   district    is  situated   shall  or- 
ganize the  said  district  into  one  or  more  primary  school  dis- 
•icis,  a<  provided  for  by  law. 


70 


STATE  OF  MICHIGAN. 


CHAPTER  XI. 


Who 
may 
maintain. 


Proviso, 
abandonment. 


Further 
proviso,  in 
case  of 
legal  action. 

Further 

proviso, 

township 

school 

district. 


Who  are 
entitled  to 
privileges 
of  library. 

Proviso. 


Township 
library,  who 
to  have 
charge  of, 
etc. 


LIBRARIES. 

(126)  §  5740.     SECTION  1.     A  library  may  be  maintaim 
in  each  organized  township  or  city  which  shall  be  the  property 
of  the  township  or  city  and  under  the  control  of  the  town- 
ship board  of  said  township  or  the  board  of  education  of 
the  village  or  city.     All  actions  relating  to  such  library  or 
for  the  recovery  of  any  penalties  lawfully  established  in  rela- 
tion thereto,  shall  be  brought  in  the  name  of  the  township 
or  city:  Provided,   That  if  in  the  judgment  of  said  township 
board  the  people  of  said  township  will  be  better  served  by 
disposing  of  said  library  to  the  several  school  districts  of  the 
township,  said  board  shall  have  authority  to  take  such  action, 
or  the  said  board  may  authorize  the  merging  of  the  township 
library  into  a  free  public   library   in   accordance  with   the 
statutes   authorizing  the  establishment  of  such  free  public 
libraries,  and  after  such  merging  the  free  public  library  so 
established  shall  receive  all  the'  books  of  the  former  town- 
ship library,  and  the  township  library  shall  be  considered 
abandoned:    Provided  further,    That  when  any  legal  action 
is  taken  or  becomes  necessary  concerning,  the  township  li- 
brary the  township  clerk  shall  represent  the  township  in  all 
actions  concerning  said  library :  Provided  further,  That  when 
any   township   has   already   been   organized   as   a   township 
school  district  or  shall  hereafter  be  organized  as  a  township 
school  district,  the  control  of  the  township  library  shall  pass 
from  the  township  board  to  the  board  of  education  of  such 
township,  and  all  rights,  powers  and  duties  heretofore  exer- 
cised by  the  said  township  board  or  the  members  thereof  shall 
be  thereafter  exercised  and  performed  by  the  township  board 
of  education  through  the  proper  officers. 

(127)  §  5741.    SEC.  2.    All  persons  who  are  residents  of  the 
township  shall  be  entitled  to  the  privileges  of  the  township 
library,  subject  to  such  rules  and  regulations  as  may  be  law- 
fully established  in  relation  thereto:   Provided,   That  persons 
residing. within  the  boundaries  of  any  school  district  in  which 
a  district  library  has  been  established  shall  be  entitled  to  the 
privileges  of  such  district  library  only. 

(128)  §   5742.     SEC.  3.     The  township  board  shall  have 
charge  of  the  township  library  and  the  township  treasurer 
shall  apply  for  and  receive  from  proper  authorities  all  moneys 
appropriated  for  the  township  library  and  shall  keep  a  sep- 
arate account  of  such  funds.     The  township  treasurer  shall 
pay  out  such  library  moneys  on  the  order  of  the  township 
clerk,  countersigned  by  the  supervisor.    The  township  board 
shall  purchase  books  and  procure  the  necessary  appendages 


GENERAL  SCHOOL  LAWS. 


'or  the  township  library:  Provided,  That  when  the  township  Proviso, 
.ibrary  shall  pass  to  the  control  of  the  township  board  of  edu-  SSrofto 
:ation,   the   township   treasurer  shall   continue  to  apply  f or  JgSStion. 
and  receive  all  library   moneys   and   pay   them   over   to   the 
treasurer  of  the  board  of  education  upon  proper  warrant  of 
the  township  district.     In  villages  or  cities  the  treasurer  of  cities  or 
the  board  of  education  shall  apply  for  and  receive  all  moneys  Vl 
apportioned  or  appropriated  for  libraries  and  shall  disburse 
such   funds  in  the  same  manner  as  other  educational  funds, 
i  H'ln     ^  :>7i:i.     SEC.  4.     Said  board  shall  be  held  account- who 

. .  _     . ,  ,  .      accountable 

able  for  the  proper  care  and  preservation  of  the  township  for  care,  etc. 

I  library,  and  shall  have  power  to  provide  for  the  safe  keeping01 
of  the  same,  to  prescribe  the  time  for  taking  and  returning 
books,  to  assess  and  collect  fines  and  penalties  for  the  loss 
or  injury  of  said  books,  and  to  establish  all  other  needful 
rules  and  regulations  for  the  management  of  the  library,  as 
said  board  shall  deem  proper,  or  the  superintendent  of  public 
instruction  ma}*  advise. 

(130)     §  5744.     SEC.  5.     The  township  board  shall  cause 
the  township  library  to  be  kept  at  some  central  and  suitable  kept! 
place  in  the  township  which  it  shall  determine.     Said  board 
shall  also,  within  ten  days  after  the  annual  township  meeting, 
appoint  a  librarian  for  the  term  of  one  year  to  have  the  care 

I    a  ml  superintendence  of  said  library,  and  such  librarian  shall 
be  responsible  to  the  township  board  for  the  impartial  en- 
forcement of  all  rules  and  regulations  lawfully  established  in 
relation  to  said  library. 
(131)     §  5745.    SEC.  G.    Any  school  district,  by  a  majority  school^ 
vote  at  an  annual  or  special  meeting,  may  establish  a  school  library, 
district,  library,  due  notice  of  said  action  to  be  stated  on  the  belstaK 
annual  or  special  meeting  notice,  and  such  district  shall  be  lished-  etc- 
entitled  to  its  just  proportion  of  books  from  the  library  of  share  of 
any  township  in  which  it  is  wholly  or  in  part  situated,  to  be 
added  to  the  district  library,  and  also  to  its  equitable  share 
of   any   library   moneys   remaining   unexpended   in   any   such 
township  or   townships  at  the  time  of  the  establishment  of 

I     such  district  library  or  that  shall  thereafter  be  raised  by  tax 
in  such  township  or  townships  or  that  shall  thereafter  be  ap- 
portioned to  the  township  for  library  purposes. 
il.'Jli)     §  57HJ.     Six:.  7.     The  district  board  of  any  school  ^ 
district  or  the  board  of  education  of  any  township  school  dis- have  "charge 
trict,  village  or  city   in  which   a  library  may  be  established  of>  etc> 
in    accordance    with    the    provisions    of    this    act,    shall    have 
charge  of  such  library  and  provide  the  necessary  conveniences 
for  the  proper  care  of  such  library,  and  said  board  shall  be 
responsible  for  and  shall  use  all  moneys  raised  or  apportion- 
ed for  its  support   in  accordance  with  the  provisions  of  law. 
Libraries    are    within    the    proper    ranjjre    of    school    apparatus:    and    th>  " 
nothing   in   our  laws    which   cuts   off    publir   corporations   from    ae.-.-piin^   hi-m  vo- 
lent  offerings  to  enable  them   to  extend  their  usefulness  ar.d   h.-n.-iit    their  people, 
by    enla r.iiin^    their   opportunltlei   for   culture   and    refinement    without    multiply- 
ing  or    increasing    their   burden*. — Mayuard    v.    Wuodard.    .".•',    {•_."..    -TJ7. 


72 


STATE  .OF  MICHIGAN. 


Township 
clerk  to 
report 
annually. 


'Director, 
report  of, 
what  to 
include. 


Failure  to 
report. 


Forfeiture 
of  library 
moneys. 


Annual 
statement  of 
townships, 
etc.,  entitled 
to  library 
money. 


Statement 
and  copy, 
to  whom 
furnished. 

Certain  fines. 


When 
applied  to 
support  of 
libraries. 


(133)  §  5747.     SEC.  8.     The  township  clerk  shall  give  in 
his  annual  report  to  the  superintendent  of  public  instruction 
such  facts  and  statistics  relative  to  the  management  of  the 
•township  library  and   tire  library  moneys    thereof    as    said 
'superintendent  of  public  instruction  shall  direct,  and  the  dis- 
trict board  or  board  of  education  of  any  district,  village  or 
city  having  a  library  shall  give  in  the  annual  report  of  the 
director  or  secretary  such  facts  and  statistics  relative  to  the 
library  as  the  state  superintendent  of  public  instruction  may 
direct,  and  where  school  officers  report  to  the  township  clerk 
they  shall  include  similar  information  in  said  report  to  said, 
clerk. 

(134)  §  5748.    SEC.  9.    In  case  the  township  board  of  any 
township,  or  the  district  board  of  any  school  district,  or  the 
board  of  education  of  any  village,  city  or  township,  shall  fail 
to  make  the  reports  required  by  this  act,  or  in  case  it  shall 
appear  that  any  township  or  school  district  or  township  dis- 
trict, village  or  city  has  failed  to  use  the  library  money  in- 
strict  accordance  with  the  provisions  of  law,  such  township 
or  district  or  township  district,  village  or  city  shall  forfeit 
its  share  of  the  library  moneys  that  are  apportioned  for  the 
ensuing  year  and  such  money  shall  be  apportioned  to  other 
township  districts,  villages  or  cities  in  the  county  as  herein- 
after provided.  . 

(135)  §  5749.     SEC.  10.     The  superintendent  of  public  in- 
struction shall  annually,  and  previous  to  the  fifteenth  day  of 
July  transmit  to  the  clerk  of  each   county  a  statement  of 
the  townships,  districts,  township  districts,  villages  and  cities, 
in  his  county  that  are  entitled  to  receive  library  moneys,  giv- 
ing the  number  of  children  in  each  case  between  the  ages  of 
five  and  twenty  years  as  shall  appear  from  the  annual  reports; 
of  such  townships,  districts,  township  districts,  villages  or 
cities  for  the  school  year  last  ending.     Said  clerk  shall  file 
such  statement  in  his  office  and  shall  forthwith  furnish  a  copy 
thereof  to  the  county  treasurer.     The  state  superintendent 
shall  also  furnish  a  copy  of  such  statements  to  the  township 
clerks  or  city  clerks  in  each  county. 

(13G)  §  5750.  SEC.  11.  The  proceeds  of  all  fines  for  any 
breach  of  the  penal  laws  of  this  state,  when  collected  in  any 
county  and  paid  into  the  county  treasury,  together  with  all 
moneys  heretofore  collected  and  paid  into  said  treasury  on 
account  of  such  fines  and  not  already  apportioned,  shall  be 
apportioned  by  the  county  treasurer  in  accordance  with  the 
directions  of  the  superintendent  of  public  instruction,  as.  pro- 
vided in  the  preceding  section,  before  the  first  day  of  August 
in  each  year  among  the  several  townships,  districts,  town- 
ship districts,  villages  and  cities  in  the  county,  which  money 
when  received  by  the  proper  authorities  shall  be  exclusively 
applied  to  the  support  of  township,  district,  township  dis- 
trict, village  and  city  libraries  and  to  no  other  purposes. 

FINES,   ETC. :     See  €onst,   Art.  xi,  section    14. 


GENERAL  SCHOOL  LAWS.  73 


i  i:J7)     §  57.11.    S !-:«'.  12.    The  qualified  voters  of  each  town-  ^ 
s   ip   shall   have  power  at    any  annual   township  meeting,  to  supporToT 
v  te  a   ia\   for  the  support  of  libraries  established  in  accor- l! 
d  iiiceVith  the  provisions  of  this  act,  and  the  qualified  voters 

0  any  school   district,   in   which  a  district  library  shall  be 
e  tablished,  shall  have  power,  at  any  annual  meeting  of  such 
d  strict,  to  vote  a  district  tax  for  the  support  of  said  district 

1  nary.     When  any  tax  authorized  by  this  section  shall  have  ^°J^JJt*g 

1  >en  voted,  it  shall  be  reported  to  the  supervisor,  levied,  and  assessed  and 
(  Elected   in   the  same  manner  as  other  township  and  school  c< 

<  [strict    tax 

(  l.'IS)     §  57^1'.     Si:c.  13.     The  district  board  or  board  of 

<  lucaiion  of  any  school  district  may  donate  or  sell  any  library 
1  ook   or  books   belonging  to   such   district   to   the  township 
1  oard,  where  there  is  a  township  library  or  to  the  city  library 
i  i  cities,  and  such  books  shall  thereafter  form  a  part  of  the 
i  ownship  or  city  library. 

ii:i!h  £  r>7r>:'>.  SECTION  1.  Any  taxable  inhabitant  of  a  Penalty^  on 
icwly  formed  district  receiving  the  notice  of  the  first  meet-  for  neglect 
ng,  who  shall  neglect  or  refuse  duly  to  serve  and  return01 

<uch  no:  ice.  and  every  chairman  of  the  first  district  meeting 
n  any  district,  who 'shall  wilfully  neglect  or  refuse  to  per- 

c'orin  the  duties  enjoined  on  him  in  this  act,  shall  respectively 

•  forfeit  i  he  sum  of  five  dollars. 
(140)     §  5754.     SKC.  2.     Any  person  duly  elected  to  the  Jf™113^^ 
ollice  of  moderator,  director,  treasurer,  or  trustee  of  a  school  for  neglecting 
district,  who  shall  neglect  or  refuse,  without  sufficient  cause,  °J 
to  accept  such  office  and  serve  therein,  or  who,  having  entered  duties, 
upon   the  duties  of  his  ollice.  shall  neglect  or  refuse  to  per- 
form  any  duty  required  of  him  by  virtue  of  his  office,  shall 
forfeit  tiie  sum  of  ten  dollais. 


CHAPTER  XIII. 


ri.XALTIES  AND  LIABILITIES. 


3  was  repealed  by  Act  32,  P.  A.  1009. 

:n;in    v.    Sch.    District.    4/170. 

If  tin-  district.  h\  an  <.ili< .  r's  wilful  act  or  neglect  of  duty,  is  subjected  to 
suit  or  judgment,  tin-  district  in  its  corporate  c;ip:icity  must  recover  the 
amount,  l.ut  individu;:!  citizens,  who  have  been  taxi  d  to  sitisfy  the  judgment, 
c..imot  r.M-ovr  ti.'ir  taxis  fr.  in  such  ollicer.  Wall  v.  East  man.  1/268. 


II 


i  1  1 1  i     55  r»7 .V>.    Si.c.  4.    If  any  township  clerk  shall  neglect  Township 
r   refuse   to  make  nut   and    transmit    the  annual  report  can- liability  of, 
laining  the  reports  of  the  several  school  districts  of  his  town-  toreport? 
ship  <»r  any  other  report    which   the  law   may  require  of  him, 
within  the  time  limited  therefor,  he  shall  be  liable  to  pay  the 
full  amount   lost   by  the  township  or  any  district  or  districts 
y  such  neglect  or  refusal,  with  interest  thereon,  to  be  recov- 
in  an  action  of  debt  or  on  the  case. 


by  s 

I 


74 


STATE  OF  MICHIGAN. 


County  clerk 
or  commis- 
sioner, lia- 
bility of,  for 
failure  to 
report. 


How  moneys 
collected  on 
account  of 
neglect, 
disposed  of. 


Liability  of 
township 
clerk  and 
supervisor 
in  regard  to 
district  taxes. 


School  officers 
and  teachers 
not  to  act  as 
school  book 
agents,  etc. 


School  officers 
not  to  be 
interested  in 
contracts  in 
certain  cases. 


Where  this 
act  shall 
apply. 


(142)  §  5756.     SEC.  5.    Any  county  clerk  or  county  com- 
missioner of  schools  who  shall  neglect  or  refuse  to  transmit 
to  the  superintendent  of  public  instruction  the  reports  re- 
quired by  this  act  or  any  other  reports  which  the  law  may 
require,  within  the  time  limited  therefor,  shall  be  liable  to  pay 
to  each  township,  village  or  city  the  full  amount  which  such 
township  or  any  school  district,  village  or  city  therein  shall 
lose  by  such  neglect  or  refusal,  with  interest  thereon  to  be 
recovered  in  an  action  of  debt  or  on  the  case. 

(143)  §  5757.     SEC.  6.     All  the  moneys  collected  or  re- 
ceived by  any  township  treasurer  under  the  provisions  of  either 
of  the  two  last  preceding  sections,  shall  be  apportioned  and 
distributed  to -the  school  districts  entitled  thereto,  in  the  same 
manner  and  in  the  same  proportion  that  the  moneys  lost  by 
any  neglect  or  refusal  therein  mentioned  would,  according  to 
the  provisions  of  this  act,  have  been  apportioned  and  dis- 
tributed. 

(144)  §  5758.      SEC.   7.     Any   township   clerk   who   shall 
neglect  or  refuse  to  certify  to  the  supervisor  any  school  dis- 
trict taxes  that  have  been  reported  to  him  as  required  by  this 
act,  and  any  supervisor  wilfully  neglecting  to  assess  any  such 
tax  shall  be  liable  to  any  district  for  any  damage  occasioned 
thereby,  to  be  recovered  by  the  treasurer  in  the  name  of  the 
district,  in  an  action  of  debt,  or  on  the  case. 

Section)  8    was   repealed1  by   Act  40&  of   191®.      It   related   to   the   removal 
of   district  officers  by   the   township    board. 

(145)  §  5759.     SEC:  9.     No  school  officer,  superintendent, 
or  teacher  of  schools,  shall  act  as  agent  for  any  author,  pub- 
lisher, or  seller  of  school  books,  or  shall  directly  or  indirectly 
receive  any  gift  or  reward  for  his  influence  in  recommending 
the  purchase  or  use  of  any  library  or  school  book  or  school 
apparatus,  or  furniture  whatever,  nor  shall  any  school  officer 
be  personally  interested  in  any  way  whatever  in  any  contract 
with  the  district  in  which  he  may  hold  office.     Any  act  or 
neglect   herein   prohibited,   performed   by   any   such  pfficer, 
superintendent,  or  teacher,  shall  be  deemed  a  misdemeanor. 

(146)  §  5760.     SEC.  10.     All   provisions  of  this  act  shall 
apply  and  be  in  force  in  every  school  district,  township,  city 
and  village  in  this  state,  except  such  as  may  be  inconsistent 
with  the  direct  provisions  of  some  special  enactment  of  the 
legislature. 

Johnston  v.   Mitchell,   120/589  ;   Detroit   Bd.   of  Education   v.    Moross,    151  / 
62'3;  Burton  v.  Koch,  184/253'. 


GENERAL  SCHOOL  LAWS.  75 


FRKK  ITBLIC  LIBRARIES. 

An  \.ct  to  authorize  boards  of  education  to  provide  for  the  mainte- 
n  nee  of  free  public  libraries  existing  under  the  control  of  boards 
01  education  of  the  cities;  to  authorize  and  empower  said  boards  of 
e  ucation  to  raise  or  borrow  money  and  issue  bonds  in  sufficient 
s1  m  to  purchase  property  or  site,  erect  and  maintain  buildings  for 
u  e  as  a  free  public  library  and  other  educational  purposes. 

[Act  201,  P.  A.   1913.] 

The  /Vo/Jr  of  (fir  Mute  of  MicJni/tm  enact: 


117)     §  .")S.4>,0.     SECTION  1.     Boards  of  education  in  cities  Boards  of 
wh  ire  free  public  libraries  are  under  control  of  such  boards  of  authority  of, 
edi  cation  by  reason  of  existing  charters  or  otherwise,  f  rom  etc- 
an     after  the  passage  of  this  act  are  hereby  authorized  and 
em  towered  to  include  in  their  annual  estimate  a  sum  or  sums 
snl  icient  to  properly  care  for  and  defray  the  expense  of  main- 
tei  ance  and  to  purchase  new  books  required  for  such  libraries. 

148)     §  58:57.     Si:c.  2.    Boards  of  education  in  cities  hav- TO  issue 
inj.    the  control  of  free  public  libraries  by  reason  of  existing  of  bonds1.69 
ch;  rters  or  otherwise  are  hereby  authorized  and  empowered 
to  *aisc  money,  either  by  including  the  amount  in  their  annual 
estimates,  or  to  borrow  same  on  the  faith  and  credit  of  said 
scl  ool   district,  and  to  issue  certificates  or  bonds  to  secure 
tin    payment   of   the  sums  borrowed;   sufficient  to  purchase 
properly  for  a  site  and  to  provide  the  money  necessary  to 
er«  ct,  equip  and  maintain  buildings  for  a  free  public  library 
an  1  oilier  educational  uses:     Provided,  That  when  any  bond  Proviso. 
issue  shall  be  provided  for  under  the  terms  of  this  act  such 
bo  ids  shall  not  be  issued  for  a  period  of  more  than  ten  years. 
N<   bonds  provided  for  in  this  act  shall  be  issued  until  issuance  Referendum. 
of  same  shall  have  been  submitted  to  the  electors  of  the  district 
allected   and   approved    by   a   majority  of  the  electors  voting 
thereon. 

Section   3   repeals  all   contravening  acts. 


Act  authorizing  organized  townships  and  incorporated  villages  in 
he  state  of  Michigan  to  borrow  money  and  to  issue  bonds  therefor 


'or  the  purpose  of  establishing  free  public  libraries,  purchasing  sites 
md  constructing  buildings  thereon. 


[Act   5,    P.    A.    1917.] 

7Voy,/c  of  the  State  of  Michigan  enact: 


ill!)  I      SK.TIOX   1.     The  township  board  of  any  organized^116" 
t<  wnship  and  the  village  council,  or  board  of  trustees,  of  any  aSthorfzed. 
Incorporated  villa-c  in  the  state  of  Michigan  are  hereby  au- 
tl  ori/ed  and  empowered,  upon  an  application  signed  by  not 
less  than   twenty-five  qualified  electors  of  such  township  or 


76 


STATE  OF  MICHIGAN. 


Proviso, 
vote  required 


When 
submitted 


Notice. 


incorporated  village  being  first  filed  with  the  said  township 
board,  village  council,  or  board  of  trustees,  as  the  case  may 
be,  to  borrow  a  sum  of  money,  not  exceeding  one  per  cent  of 
the  assessed  valuation  of  such  township,  or  incorporated 
village,  on  the  faith  and  credit  of  such  township,  or  incorpor- 
ated village,  and  to  issue  the  bond,  or  bonds  of  such  township, 
or  incorporated  village,  therefor;  the  money  so  borrowed  to 
be  used  for  the  purpose  of  establishing  a  free  public  library, 
for  purchasing  a  site  for  the  same  or  constructing  buildings 
thereon  :  Provided,  That  a  majority  of  the  voters  of  such  town- 
ship, or  incorporated  village,  voting  thereon  at  a  township 
meeting,  a  general  election,  or  at  a  special  election  called  by 
the  township  board,  or  at  a  general  or  special  election  called 
by  the  village  council,  or  board  of  trustees,  for  that  purpose, 
shall  vote  in  favor  thereof. 

(150)  SEC.  2.    The  question  of  issuing  the  bonds,  provided 
for  in  section  one  of  this  act,  shall  be  submitted  to  the  legal 
voters  of  such  township,  or  incorporated  village,  by  the  town- 
ship board,  the  village  council  or  board  of  trustees,  within 
thirty  days  after  the  filing  of  the  application  mentioned  in 
section  one,  giving  due  notice  thereof  by  causing  the  date, 
place  of  voting  and  object  of  said  election  to  be  stated  in 
written  or  printed  notices  to  be  posted  in  five  public  places 
in  such  township,  or  incorporated  village,  at  least  ten  days 
before  the  time  fixed  by  said  board  for  such  election,  and 
by  publishing  the  same  in  at  least  one  newspaper  published 
in  said  township,  or  incorporated  village,  or  if  none  be  pub- 
lished in  said  township,  or  incorporated  village,  then  in  some 
newspaper  published  in  the  same  county,  which  is  circulated 
in  such  township  or  incorporated  village,  at  least  two  weeks 

what  to  state,  before  the  time  of  such  election.  Such  notice  shall  state  the 
amount  of  money  proposed  to  be  raised  by  such  bonding,  and 
the  purpose  or  purposes  to  which  it  shall  be  applied. 

(151)  SEC.  3.     The  vote  upon  such  proposition  shall  be 
by  printed  ballot,  and  such  ballots  shall  be  in  the  following 
form : 

"For  the  issuing  of  bonds  to  (Purpose)    Yes  [  ]." 
"For  the  issuing  of  bonds  to  (Purpose)  No  [  ]." 
The  election  shall  be  conducted  and  the  votes  canvassed  in 
all  respects,  as  in  other  township  or  village  elections. 

(152)  SEC.  4.    If  at  such  election  a1  majority  of  such  qual- 
ified electors  present  thereat  and  voting  upon  said  proposi- 
tion shall  vote  in  favor  of  such  loan,  such  bonds  shall  be 
issued  by  the  township  board  of  the  township  or  the  village 
council  or  board  of  trustees  of  the  village,  as  the  case  may 
be,  in  denominations  not  exceeding  one  thousand  dollars  each, 
at  a  rate  of  interest  not  exceeding  five  per  centum  per  annum, 
and  for  a  period  not  exceeding  twenty-five  years,  as  the  said 
township  board,  or  the  said   common   council,  or  board  of 
trustees,  by  resolution,   shall  direct.     Said  bond,  or  bonds, 
issued  by  a  towiiship  board,  shall  be  signed  by  the  members 


Form  of 
ballot. 


Bonds, 
how  issued. 


How  signed. 


GENERAL  SCHOOL  LAWS.  77 


ot   the  said  township  board  and  countersigned  by  the  town- 
s    ip  treasurer,  and  when  issued  by  a  village  council  shall  be 
signed  by  the  president  and  clerk  <»f  said  village  and  counter- 
signed by  the  village  treasurer.    Said  bond,  or  bonds,  shall  be  HOW 
n  -gotiated  by  and  under  the  direction  of  said  township  board,  n( 
o     common  council,  or  board  of  trustees  of  incorporated  vil- 
1,  ge,  to  raise  in  each  year  by  tax  upon  the  taxable  property 

0  such  township,  or  incorporated  village,  such  sums  of  money 
a  i  shall  be  sufficient  to  pay  the  amount  of  said  bonds  and  the 

1  lei-est  thereon,  as  the  same  shall  become  due. 

iir»:;i  Si:.-.  .~i.  \.»  bonds  issued  under  and  by  virtue  of 
i  lis  act  shall  be  used  or  negotiated  at  less  than  their  par 
^  line. 

i  1.">1  i  Si:.-.  G.  It  is  hereby  declared  that  this  act  is  imme- 
iately  necessary  for  the  public  health,  peace  and  safety. 


Act  to  authorize  the.issue  of  bonds;  to  provide  sites  for  and  for  the 
erection  thereon  of  public  libraries  and  for  additions  to  and  im- 
provements of  such  sites  and  the  buildings  thereon,  whether  now 
existing  or  hereafter  acquired,  in  cities,  villages  and  school  districts 
where  free  public  libraries  have  or  may  hereafter  be  established. 

I  [Act  305,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 
i  1  .">."))     SECTION  1.    The  legislative  body  of  any  city,  village  Free  public 
•  school  district   where  free  public  libraries  have  been,  or  S^JuSied. 
ay  hereafter  be  established,  is  hereby  authorized  upon  the 
,    (plication  of  the  local  library  board,  or  commission  or  body 
duly  authorized  by  law  to  maintain  free  public  libraries  in 
such  city,  village  or  school  district  to  borrow  a  sum  of  money 
upon  the  faith  and  credit  of  such  city,  village  or  school  dis- 
trict  not  exceeding  one-fourth  of  one  per  centum  of  the  as- 
sessed   valuation   of   such    city,   village  or   school   district   to 
provide  sites  for.  and  for  the  erection  thereon,  of  free  public 
library  buildings  and   for  additions  to  and   improvements  of 
such   sites  and    the  buildings   thereon  now  existing  or  here- 
after acquired  and   to  issue  the  bond  or  bonds  of  such  city, 
village  01-  school  district  therefor:     Provided,  That  wherever  Proviso^ 
library  bonds  have  heretofore  been  issued  or  authorized  said  KcUssues. 
bonds  shall  be  included  in  the  limitation  of  one-fourth  of  one 
per  centum  of  the  assessed  valuation:    And  provided  further,  Further 
Thai   such  bonds  hereafter  issued  shall  be  in  addition  to  all  P1 
other  indebtedness  which  the  city,  village  or  school  district  is 
or  may  be  authorized  to  incur  for  purposes  other  than  library 
purj  >oses. 

(15G)     SEC.  -.     Said  bonds  shall  be  denominated  "public  HOW 
library  bonds  of  the  city,  village  or  school  district  number  d< 
of ,"  shall  be  regularly  dated  and 


78 


STATE  OF  MICHIGAN. 


How  issued, 
etc. 


Approval  of 

issues. 


Sinking 
fund. 


numbered  in  the  order  of  their  issue,  shall  be  for  sums  of  not 
less  than  one  hundred  dollars  each,  shall  bear  interest  not 
exceeding  five  per  centum  per  annum  and  shall  be  payable 
within  such  time  from  the  date  of  issue,  as  the  local  legisla- 
tive bod}'  of  such  city,  village  or  school  district  may  deter- 
mine. They  shall  be  issued  under  the  seal  of  the  city  or  vil- 
lage, signed  by  the  mayor  thereof  and  countersigned  by  the 
controller  or  like  financial  officer  of  said  city,  or  in  case  of 
school  districts,  the  chairman  of  the  school  board.  Said 
bonds  shall  not  be  negotiated  at  less  than  their  par  value. 

(157)  SEC.  3.     No  bonds  shall  be  issued  under  this  act 
unless  such  issue  has  been  approved  by  both  the  local  legis- 
lative body  and  by  that  body  to  whom  is  entrusted  the  man- 
agement of  the  local  library  system  and  upon  such  concurrent 
approval  the  legislative  body  of  said  city,  village  or  school 
district  shall  thereupon  proceed  to  issue  and  negotiate  the 
sale  of  said  bonds. 

(158)  SEC.  4.    The  local  legislative  body  of  such  city,  vil- 
lage or  school  district  shall  provide  a  sinking  fund  for  the 
redemption  of  the  bonds  issued  under -the  provisions  of  this 
act  to  which  end  it  shall  be  its  duty  to  raise  by  taxation,  each 
year,  upon  the  property  assessed  for  city,  village  or  school 
district  purposes,  such  sum  as  shall  be  sufficient  to  make  said 
sinking  fund  adequate  at  the  maturity  of  the  bonds,  to  pay 
the  same  and  the  moneys  so  raised  shall  be  used  for  no  other 
purpose.    The  principal  realized  from  the  sale  of  said  bonds 
shall  be  deposited  with  the  treasurer  of  said  city,  village  or 
school  district  and  credited  to  a  public  library  fund  for  the 
purposes  hereinbefore  mentioned  and  shall  be  used  for  said 
purposes  only.     The  premium  and  accrued  interest  of  said 
bonds  shall  be  credited  to  the  sinking  fund  of  said  city,  village 
or  school  district. 

(159)  SEC.  5.     It  shall  be  the  duty  of  the  local  board 
entrusted  with  the  management  of  the  local  library  system, 
to  include  in  its  budget  each  year,  an  item  of  the  amount 
necessary  to  be  raised  each  year  for  the  sinking  fund  and  an 
item  for  the  amount  necessary  to  be  raised  each  year  for  the 
interest  on  said  bonds  and  said  items  shall  be  allowed  by  the 
local  body  or  officer  whose  duty  it  is  to  determine  the  amount 
to  be  raised  by  taxation  for  said  city,  village  or  school  dis- 
trict.    Said  items  shall  be  in  addition  to  the  amount  which 
may  be  annually  raised  by  taxation  for  all  other  purposes. 


Premium, 
etc.,  where 
credited. 


Budget,  what 
to  include. 


GENERAL  SCHOOL  LA1 


Vn  Act  to  authorize  the  creation  of  county  libraries  or  the  contracting 
by  the  board  of  supervisors  of  any  county,  libraries  for  their  free  use 
within  the  county. 


[Act  las,  r.  A.  1917.] 
The  People  of  the  State  of  Michigan  enact: 


1(1  GO)  SECTION  1.  The  board  of  supervisors  of  any  county  supervisors 
shall  have  Ilie  power  to  establish  a  public  library  free  f or  Jj]JJ Sc.ab~ 
the  use  of  inhabitants  of  such  county  or  they  may  contract 
for  the  use  for  such  purposes  of  a  public  library  already  estab- 
lished within  the  coiiniy  or  witli  the  body  having  control 
of  such  library  to  furnish  library  privileges  to  the  people  of 
the  county  under  such  terms  and  conditions  as  may  be  stated 
in  such  contract.  The  amount  agreed  to  be  paid  for  such 
privileges  under  such  contract  or  the  amount  which  the  board 
may  appropriate  for  the  purpose  of  establishing  and  main- 
taining a  public  library  shall  be  a  charge  upon  the  county 
ami  the  board  may  annually  levy  a  tax  of  not  more  than 
one-half  mill  on  the  dollar  of  the  taxable  property  of  the 
count}-,  to  be  levied  and  collected  in  like  manner  as  other 
taxes  in  said  county  and  paid  to  the  county  treasurer  of  said 
county  and  to  be  known  as  the  library  fund. 

(1G1)  SEC.  2.  For  the  purpose  of  administering  the  county  Library 
library  fund  in  case  a  county  library  is  established,  there 
shall  be  a  library  board  consisting  of  five  members, — the 
county  commissioner  of  schools  and  four  other  members  to 
be  appointed  by  the  board  of  supervisors,  the  commissioner 
to  hold  ex-oflicio  during  his  term  of  office,  the  other  members 
to  be  appointed  for  terms  of  four  years  each,  except  that  the 
first  members  shall  be  appointed  for  one,  two,  three  and  four 
years,  respectively. 

(IGUi  Si:c.  ;»,.  In  case  a  contract  shall  be  made  with  an  Existing 
existing  library,  the  county  library  fund  shall  be  administered 
by  ihe  b»»ard  or  body  having  charge  and  control  of  said 
existing  library  and  there  shall  be  an  advisory  board,  con- 
sisting of  three  members, — the  county  superintendent  of 
schools  ex -oilicio  and  two  additional  members  to  be  appointed 
by  the  board  of  supervisors  whose  terms  of  office  shall  be 
two  years  and  until  their  successors  are  appointed.  The  duty 
of  this  board  shall  be  to  advise  and  consult  with  the  board 
controlling  said  library  with  regard  to  selection  of  books, 
location  of  branch  libraries  and  other  subjects  relating  to  the 
proper  management  of  the  county  library  and  its  fund. 

1 1  •;:;  i     Si;.-,  l.    Said  fund  shall  be  paid  by  the  county  treas-  F""d. how 
urer  upon  the  order  or  warrants  of  said  library  board  in  case  P* 
of  the  establishing  of  a  county  library;  in  event  of  contracting 
with  an  existing  library,  it  shall  be  paid  upon  orders  issued  by 
the  board  or  body  controlling  such  library  through  its  presi- 
dent or  chairman  and  secretary. 


dent  or 


80 


STATE  OF  MICHIGAN. 


Inspectors, 
when  and  by 
whom  elected. 


Terms  of 
office. 


Names  on 

separate 

ballot. 


Nomination, 
election. 


Referendum. 


Form  of 
ballot. 


An  Act  to  provide  for  a  board  of  education  for  cities  having  a  popula- 
tion of  two  hundred  fifty  thousand  or  over  and  comprising  a  single 
school  district;  to  fix  their  terms  of  office,  and  the  manner  of  the 
nomination  and  election  of  the  members  thereof. 

[Act  251,  P.  A.  10 18.] 
The  People  of  the  State  of  Michigan  enact: 

(164)  §  5867.    SECTION  1.    The  board  of  education  of  any 
city  having  a  population  of  two  hundred  fifty  thousand  or 
over  which  comprises  a  single  school  district  shall  consist  of 
seven  school  inspectors  who  shall  be  elected  at  large  by  the 
electors  of  the  whole  city  qualified  to  vote  for  school  inspect- 
ors in  such  municipality  at  the  next  spring  election  when 
judges  of  the  supreme  court  are  required  to  be  elected.    Two 
inspectors  shall  be  elected  to  serve  for  two  years;  two  in- 
spectors shall  be  elected  to  serve  for  four  years,  and  three 
inspectors  shall  be  elected  to  serve  for  six  years;  thereafter 
at  the  next  like  election  immediately  preceding  the  expiration 
of  their  respective  terms  of  office  their  successors  shall  be 
elected  to  serve  for  six  years.     The  terms  of  office  of  each 
inspector  shall  commence  on  the  first  day  of  July  following 
his  or  her  election.     The  names  of  all  candidates  who  have 
been  duly  nominated  as  herein  provided  shall  be  placed  upon 
a  separate  ballot  at  the  election  for  school  inspectors  and 
without  their  party  affiliations  designated.    The  candidate  or 
candidates  for  the  positions  or  places  to  be  filled  having  the 
greatest  number  of  votes  shall  be  declared  elected. 

CONSTITUTIONALITY :  This  act  is  valid.  It  is  a  general  law  based  up- 
on a  classification  of  the  school  districts  of  the  state,  according  to  population. 
— Burton  v.  Koch,  184/235. 

(165)  §  5868.     SEC.  2.     The  nomination  and  election  of 
inspectors,  except  as  herein  provided,  shall  be  conducted  as 
near  as  may  be  as  now  provided  by  law  for  the  nomination 
and  election  of  the  city  officers  in  the  particular  municipality 
concerned,  and  all  women  who  are  legally  qualified  electors 
shall  be  permitted  to  vote  for  all  nominations  for  the  office  of 
school  inspector. 

Section  3  repeals  all  contravening  acts. 

(166)  §  5870.    SEC.  4.    The  provisions  of  this  act  shall  not 
take  effect  in  such  city  which  comprises  a  single  school  dis- 
trict until  approved  by  a  majority  of  the  electors  having  quali- 
fications  to  vote  at  elections  for   school  inspectors,   voting 
thereon,  in  such  city,  at  the  next  general  election  held  after 
the  government  census  shows  such  city  has  two  hundred  fifty 
thousand  inhabitants  or  more.     The  vote  upon  the  question 
shall  be  by  ballot  which  shall  be  in  substantially  the  follow- 
ing form : 

Vote  on  proposition  to  adopt  the  act  providing  for  reduc- 
tion in  membership  of  the  board  of  education  and  their  elec- 
tion at  large. 


GENERAL  SCHOOL  LAWS.  81 


lake  a  cross  in  the  appropriate  square  below, 
.'hall  the  act  providing  for  reduction  in  membership  of  the 
bo  rd  of  education  and  their  election  at  large  be  adopted. 

.  Jhall  the  act  providing  for  reduction  in  membership  of  the 
rd   of  education   and    their  election  at  large  be  adopted. 

>nch  ballots  shall  be  furnished  by  the  city  board  of  elec- 
ti<  n  commissioners  and  shall  be  deposited  in  a  ballot  box 
pi  >vided  for  that  purpose  in  each  voting  precinct.  Such  bal-  Canvass. 

10  s  shall  be  cast,  canvassed  and  the  results  thereof  certified 
to  in  the  same  manner  as  are  ballots  cast  upon  the  question 
of   the  adoption  or  rejection  of  a  constitutional  amendment. 

11  a  majority  of  the  qualified  electors  of  the  city,  voting  there- 
01    shall  vote  in  favor  of  the  adoption  of  this  act  then  the 
pi  >visions  hereof  shall  be  in  full  force  and  effect  in  such 
ci  y  and  not  otherwise. 

REFBBiBNDUM :     The  referendum  was  unnecessary   because  the  act  is  not 

lo<  il  in  character.— Burton  v.  Koch,  1S4/262. 


A  i  Act  to  provide  for  the  organization  of  school  districts  in  cities 
having  a  population  of  over  one  hundred  thousand  and  less  than  two 
hundred  fifty  thousand  inhabitants;  to  provide  for  a  board  of  educa- 
tion for  such  districts;  and  prescribing  the  powers  and  duties  of 
such  board. 

[Act  14(1,  P.   A.   1917.] 


The  People  of  the  State  of  Michigan  enact: 


(167)     SECTION  1.    Each  city  having  a  population  of  more  certain  cities 
lan  one  hundred  thousand  and  less  then  [than]  two  hundred  singKhoo! 
fty  thousand  inhabitants,  shall  constitute  and  be  one  school  distrlct- 
istrict  and  l»e  known  as  the  "School  District  of  the  City  of 
—  ."  If,  at  the  time  this  act  takes  effect  in  any 
City,  there  shall  be  in  existence  within  the  limits  of  the  city 
more   i  haii    one  school   district   or  parts  of  more   than   one 
s  -hool   district,  then,  from   the  taking  effect  of  this  act  in 
t  lat   city,   the  school   districts,  or  parts  of  districts,  within 
the  limits  of  the  city  shall  constitute  and  be  the  "School  Dis- 
trict of  the  City  of  —  —  ,"  and  shall  be  under  the 

jurisdiction  of  the  board  of  education  herein  provided  for. 

i  His  i      Si;r  L'.     If  no  division  of  a  school  district  is  caused  Property  of 
by  the  taking  effect  of  this  act  in  any  city,  all  school  property     y 
Hiall   vest    in   and  be  the  property  of  the  city  district,  and 
Mich  district   shall  be  liable  for  and  shall  pay  all  indebted- 
•  i'  the  district  or  districts  formerly  existing  within  its 
Jiniits. 

i  Hi!)  i     Si:.-.  :?.    If  by  reason  of  the  taking  effect  of  this  act  when  school 
n  any  city,  a  school  district,  or  districts,  shall  be  divided, 
the  school  property  within  the  city   (except  cash  and  taxes 
levied  but  nncollected)   shall  vest  in  and  be  the  property  of 


82 


STATE  OF  MICHIGAN. 


When  city 

annexes 

territory. 


When 
effective. 


the  city  district.  The  cash,  taxes  levied  and  uneollected,  and 
district  indebtedness  shall  be  divided  between  the  former 
school  districts  and  the  city  district  in  proportion  as  the 
relative  values  of  the  taxable  property  left  without  and 
brought  within  the  city  district  by  this  act  bear  to  the  aggre- 
gated value  of  the  taxable  property  in  the  entire  districts 
affected,  before  the  division,  as  determined  by  the  last  pre- 
ceding assessment  roll.  Each  district  affected  hereby  shall 
be  liable  for  and  shall  pay  its  proportion  of  such  indebtedness. 

(170)  SEC.  4.     If,  after  the  taking  effect  of  this  act  in 
any  city,  territory  shall  be  annexed  to  the  city  pursuant  to 
law,  such  territory,  by  such  annexation,  shall  become  and 
be  part  of  the  school  district  of  that  city.    If  by  such  annexa- 
tion no  school  district  is  divided,  the  property  of  any  school 
district  so  annexed  shall  vest  in  and  be  the  property  of  the 
city  district,  and  the  city  district  shall  be  liable  for  and  shall 
pay  all  indebtedness  of  any  school  district  so  annexed.    If  by 
such  annexation  any  school  district  is  divided,  the  property, 
cash,  taxes  levied  and  uncollected,  and  indebtedness  of  the 
divided  district  shall  vest  and  be  divided  as  is  herein  in  sim- 
ilar case  provided  in  section  three. 

(171)  SEC.  5.    This  act  shall  be  in  force  in  all  cities  having 
the  requisite  population  according  to  the  United  States  census 
of  nineteen  hundred  ten  at  the  date  of  the  taking  effect  of 
this  act,  and  shall  be  in  force  in  all  cities  thereafter  attaining 
the  requisite  population,   as  soon  as  the  governor    (having 
first  ascertained  by  United  States  census  or  by  official  esti- 
mate of  the  United  States  census  bureau  that  the  city  has 
the  requisite  population)   shall  so  proclaim.     The  first  elec- 
tion of  members  of  the  board  of  education  hereunder  shall 
occur  at  the  first  city  charter  election  held  after  the  taking 
effect  of  this  act  in  any  city.    The  first  board  shall  meet  and 
organize  on  the  first  Monday  in  May  following  such  election. 
Until  such  first  Monday  in  May  the  laws  theretofore  govern- 
ing the  schools  shall  continue  in  force  and  shall  govern  the 
administration  of  the  schools  of  such  city.    The  term  of  office 
of  all  school  trustees  elected  under  laws  theretofore  governing 
in  such  cities  shall  expire  upon  the  organization  of  the  new 
board,  their  election  for  a  longer  term  to  the  contrary  not- 
withstanding. 

(172)  SEC.  6.     School  districts  in  cities  affected  by  this 
act  shall  be  governed  in  all  respects  not  herein  specially  pro- 
vided for,  by  the  general  school  laws  of  the  state  from  time 
to  time  in  force. 

(173)  SEC.  7.    The  board  of  education  shall  consist  of  nine 
members  elected  from  the  city  at  large.     The  term  of  office 
shall  commence  on  the  first  Monday  of  May  in  each  year  and 
continue  until  a  successor  is  elected  and  qualified.    The  first 
board  at  its  first  meeting  shall,  by  lot,  determine  which  three 
of  its  members  shall  serve  one  year,  which  three  shall  serve 
two  years,  and  which  three  shall  serve  three  years,  and  their 


First  board 
of  education, 
election  of. 


General  law 
to  govern. 


Membership 
of  board. 


GENERAL  SCHOOL  LAWS.  83 


£  t(  .ins  shall  be  accordingly :  Provided,  That  the  members  of  Proviso. 
tl  e  board  of  education  elected  prior  to  the  adoption  of  this 
.  a«  t  shall  continue  in  office  until  the  expiration  of  the  respec- 
ti  'e  terms  for  which  they  were  elected,  and  with  the  new  mem- 
b<  rs  elected  at  the  first  election  under  this  act  shall  consti- 
ti  le  the  first  board  of  education  hereunder.  At  the  time  of 
e.  ch  annual  city  charter  election  thereafter,  members  of  the 
b  >ar<]  shall  be  chosen  to  fill  the  positions  of  those  whose  terms 
a  e  about  to  expire.  Three  years  shall  be  the  term  of  each 
u  eaiber  chosen  after  the  first  election. 

(174)  SEC.   8.     Any  qualified  school   elector  of  the  city  who  eligible, 
s  .all  be  eligible  to  be  chosen  as  a  board  member,  and,  if  duly 

i-  -gisUTed  shall  be  qualified  to  vote  for  board  members  at 
s  icli  election.  The  qualifications  of  school  electors  shall  be 
ji  *  determined  by  general  law.  Nominations  for  board  mem-  Nominations. 

1  21-s  shall  be  by  petition  signed  by  not  less  than  one  hundred 
.   c  aalified  school  electors  of  the  city,  which  petition  shall  be 

J  led  with  the  city  clerk  at  least  fifteen  days  before  election. 

2  o  petition  which  does  not  have  such  number  of  such  signa- 

1  ires  shall  constitute  a  valid  nomination.  At  the  same  time  Ballot. 
«'  nd  in  the  same  general  manner  provided  with  reference  to 
( ity  charter  elections,  the  proper  officials  shall  prepare  and 
1  aye  printed  an  official  ballot  on  which  shall  be  placed  the 
i  ames  of  all  who  have  been  nominated  for  members  of  said 
1  oard.  In  printing,  the  names  shall  first  be  arranged  alpha- 
1  etically  and  the  first  orre  hundred  printed  accordingly;  then 
Ihe  name  at  the  top  shall  be  put  at  the  bottom  for  printing 
1lie  second  one  hundred,  and  a  corresponding  change  shall  be 
made  in  each  succeeding  one  hundred  printed.  The  election  Election, 
shall  be  by  separate  ballot  in  a  separate  box,  but  at  the  same 
lime  and  place  as  the  city  charter  election,  and  shall  be  con- 
dueled  by  the  same  inspectors,  canvassed,  reported,  considered 
aii'l  treated  as  a  part  of  such  city  charter  election  in  all  partic- 
ulars not  otherwise  specified.  Voting,  or  attempting  to  vote, 
:'or  board  members  at  such  election  by  one  not  legally  entitled 
;o  vote  therefor,  shall  constitute  the  same  offense  and  shall  be 
>ro.seciited  and  punished  in  the  same  manner  as  casting,  or 
attempting  to  cast,  any  illegal  vote  at  the  charter  election. 

(175)  SEC.  9.     No  school  elector  not  registered  as  pro-  unregistered 
rided  herein  shall  be  entitled  or  permitted  to  vote  at  elections  noTvote™7 
for  board  members,  excepting  that  votes  may  be  sworn  in  as 

is  permitted  by  law  at  a  general  election.     The  registration 
boards  shall  be  provided  with  separate  books  for  the  regis- 
tration of  school  electors.    Before  registering  any  name  there- 
in, tlu'  registration  board  shall  be  reasonably  satisfied  that 
the  applicant  for  registration  is  a  qualified  school  elector. 
Such  registration  shall,  in  all  respects  not  herein  specified,  Registration, 
be  conducted  in  the  same  manner  as,  and  as  part  of,  the  regis-  conducted, 
t  ration  required  or  provided  for  with  reference  to  said  elec- 
tions. 


Am.   1»19,  Act  405. 


84 


STATE  OF  MICHIGAN. 


Notice  to 

officials 

elected. 


Vacancy, 
how  filled. 


Body 
corporate. 


May  pur- 
chase 


(176)  SEC.  10.     The  city  clerk,  within  the  time  specified 
for  serving  notices  upon  officials  elected  at  a  municipal  elec- 
tion, shall  serve  notice  of  his  election  upon  each  member  of 
said  board  elected  at  said  election.    On  the  first  Monday  in 
May  in  each  year  the  board  shall  organize  for  the  ensuing 
year  by  electing  its  officers  herein  provided. 

(177)  SEC.  11.     If  any  person  elected  fails  to  take  oath 
of  office  within  ten  days  after  service  of  notice  of  his  elec- 
tion, or  if  any  member  during  his  term  shall  die,  become 
mentally  incompetent,  resign  or  lose  residence  in  the  district, 
a  vacancy  shall  thereby  exist,  which  shall  be  filled  by  elec- 
tion from  such  district  by  a  majority  of  the  remaining  mem- 
bers of  the  board  for  the  remainder  of  the  current  year,  and 
at  the  next  election  the  vacancy  shall  be  filled  by  an  elec- 
tion for  the  remainder  of  the  term  of  the  former  member.  If 
upon  specific  written  charges  filed  with  the  secretary  of  the 
board,  and  after  proper  opportunity  to  be  heard,  any  member 
of  the  board  is  by  vote  of  two-thirds  of  the  members  thereof, 
found  guilty  of  willful  acts  of  misfeasance  or  nonfeasance 
in  his  office,  he  may  be  removed  from  his  position  by  such 
two-thirds  vote,  whereupon  a  vacancy  shall  exist  and.  be  filled 
as  above  provided. 

(178)  SEC.  12.    The  said  board  of  education  shall  be  a  body 
corporate  under  the  name  >and  style  of   "The  Board  of  Educa- 
tion of  the  City  of ,"  and  under  that  name 

may  sue  and  be  sued,  and  may  take,  hold,  sell  and  convey  real 
and  personal  property,  including  property  received  by  gift, 
devise  or  bequest,  as  the  interest  of  said  schools  and  the 
property  and  welfare  of   said   school   district  may  require. 
The  said  board  of  education  may  take  and  hold  real  and 
personal  property  for  the  use  of  the  public  schools  writhin  and 
without  its  corporate  limits  and  may  sell  and  convey  the  same. 
The  property  of  said  board  of  education  shall  be  exempt  from 
taxation  for  all  purposes  except  for  special  improvements.  The 
board  of  education  c'hosen  pursuant  to  this  act  shall  be  the 
successor  of  any  school  corporation  or  corporations  existing 
within  the  limits  of  such  city  or  cities  and  shall  be  vested  with 
the  title  to  all  property,  real  and  personal,  vested  in  the  school 
corporations  of  which  it  is  the  successor.    Said  board  of  edu- 

etc.  cation  shall  be  liable  to  pay  the  indebtedness  and  obligations 
of  the  school  corporations  of  which  it  is  the  successor,  in  the 
manner  and  to  the  extent  provided  in  this  act.  Said  board  of 
education  shall  have  power  to  purchase  all  property,  erect 
and  maintain  all  buildings,  purchase  all  personal  property, 
employ  and  pay  all  persons,  and  do  all  other  things  in  its 
judgment  necessary  for  the  proper  establishment,  mainte- 
nance, management  and  carrying  on  of  the  public  schools  of 
the  city  and  for  the  protection  of  other  property  of  the  dis- 
trict, and  it  shall  have  authority  to  adopt  by-laws,  rules  and 
regulations  for  its  own  government  and  for  the  control  and 
management  of  all  schools,  school  property  and  pupils.  It 


SCHOOL  LAWS.  85 


ii 


sh  11  not  have  power  to  raise  money,  borrow  money,  or  incur 
in-  ebtedness  except  in  the  manner  herein  specified. 

17!h  Six\  13.  The  officers  of  the  board  shall  be  a  presi-  officers. 
d(  it,  vice  president,  secretary  and  treasurer.  The  city  treas- 
ur  T  shall  be  ex-officio  treasurer  of  the  board.  The  president 
an  1  vice  president  shall  be  elected  annually  from  among  the 
in-  mbers  of  the  board  by  a  majority  vote  thereof.  The  secre- 
ta  -y  shall  not  be  a  member  of  the  board.  The  president, 
vi  e  president  and  secretary  shall  perform  such  duties  as 
in  iy  be  prescribed  by  the  by-laws,  rules  and  regulations  of 
tl  '  board.  The  officers  of  the  board  who  in  the  discharge  of 
tl  3  duties  of  their  respective  positions  handle  funds  belong- 
ii  i  to  the  public  schools,  shall  be  required  to  give  bonds  for 
tl  e  faithful  performance  of  their  duties,  in  such  manner  and 
t'<  rm  as  may  be  prescribed  by  the  rules  and  by-laws  of  the 
1»  a nl.  The  treasurer  shall  have  the  custody  of  all  moneys 
b  longing  to  the  school  district  and  shall  pay  out  the  same 

0  dy  upon  orders  as  in  this  act  specified.     The  city  attorney 
s  all  be  the  legal  advisor  of  said  board  and  represent  it  in  all 
liigation.  The  board  shall  require  from   the  city  treasurer  Treasurer's 
a  separate  bond  to  protect  the  separate  funds  of  the  board. 

1  iterest  upon  such  separate  funds  shall  be  the  property  of 
t  le  board. 

(ISO)     SEC.  U.     Regular  meetings  of  the  board  shall  be  Meetings. 
held  at  least  once  in  each  month,  at  such  time  and  place  as 
may  he  fixed  by  the  by-laws.    Special  meetings  may  be  called 
and  held  in  such  manner  and  for  such  purposes  as  may  be 
specified   in   the  by-laws. 

(181)     Si:<\  ir>.    The  fiscal  and  accounting  year  shall  com-  Fiscal  year, 
i  icnce  with  the  first  day  of  July  in  each  year. 

i  IM'       Si:«\  1(J.    The  board  shall  annually  on  or  before  the  ^fm&ie 
ln-st  Tuesday  in  April  in  each  year,  make  an  estimate  of  the 
;  mount  of  taxes  deemed  necessary  for  the  ensuing  year  for  all 
purposes  within  the  power  of  said  board,  which  estimate  shall 
>pecify  the  amounts  required  for  the  different  objects.     The 
board  shall   transmit  such  estimates  to  the  common  council, 
city  commission  or  other  legislative  body  of  the  city  on  or 
>e|oie  ihe>i'cond  Monday  in  April  of  each  year  for  ratification, 
imendment  or  rejection.    If  for  any  reason  the  common  conn-  Approval, 
•il,  city  commission  or  other  legislative  body  of  said  city  shall  et 
fail  to  pass  on  said  estimate  and  finally  adopt  the  same  after 
•juch  amendment,  increase  or  decrease  as  it  determines,  before 
the  second   Monday   in   May   in   each  year,  then  the  estimate 
made  by  such  hoard  shall  stand  as  approved  and  be  considered 
as  approved  and  rat  hied  by  such  legislative  body  and  reported 
accordingly,  and   the  amount    therein  named,  levied  and  col- 
lected accordingly.    On  or  before  the  third  Monday  in  May  the  Report  to 
secretary  of  the  hoard  shall   make  to  the  assessing  officers  of 
said  city,  a  written  report  of  the  amount  of  taxes  so  deemed 
necessary  and  approved  or  standing  approved  by  said  legisla- 

ve   body,    and    the   assessing   officers   shall   apportion   said 


86 


STATE  OF  MICHIGAN. 


Amount 
may  borrow. 


amount,  and  the  same  shall  be  levied,  assessed,  collected  and 
Tax  returned  the  same  as  other  city  taxes.    No  greater  sum  than 

nine  mills  on  the  dollar  shall  be  levied  for  general  school  pur- 
poses in  any  one  year.  For  purchasing  school  lots,  erecting 
school  houses,  and  equipping  the  same,  and  paying  school 
bonds  and  the  interest  thereon  no  greater  sum  than  six  mills 
on  the  dollar  in  addition  to  the  tax  for  general  school  purposes 
shall  be  levied  in  any  one  year. 

Am.  1919,  Act   403;  1921,  Act  7. 

(183)  SEC.  17.    The  board  may  from  time  to  time,  on  such 
terms  as  it  may  deem  proper,  borrow  for  temporary  school 
purposes,  not  to  exceed  fifty  thousand  dollars  total  outstand- 
ing unpaid  at  any  one  time,  and  may  give  the  note  or  bond  of 
the  board  therefor,  which  shall  be  paid  from  the  first  school 
moneys  collected  thereafter.     For  the  purpose  of  purchasing 
sites,  erecting  buildings  or  both,  and  for  equipping  buildings, 
the  board  may  borrow  such  sums  of  money  as  it  may  deem 
necessary  and  may  issue    and  sell  its    bonds  therefor    UDOU 
such  rates  of  interest  and  for  such  time  and  in  such  amount  as 
it  may  think  proper  and  in  such  form  and  with  bonds  and  cou- 
pons signed  and  countersigned  in  such  manner  as  it  may  by 
resolution  direct,  but  the  action  of  the  board  authorizing  such 
loan  shall  first  be  submitted  to  the  common  council,  city  com- 
mission or  other  legislative  body  of  the  city  for  approval,  and 
no  such  issue  of  bonds  shall  be  valid  unless  the  proposal  to 
issue  the  same  shall  have  been  approved  by  a  majority  vote  of 
the  members-elect  of  the  common  council,  city  commission  or 
other  legislative  body:    Provided,  however,  That  such  bonds 
shall  be  valid  without  the  approval  of  the  common  council, 
city  commission  or  other  legislative  body,  if  approved  by  a 
majority  vote  of  the  school  electors  of  said  city  voting  thereon 
at  any  election  at  which  the  question  of  approving  vsuch  an 
issue  of  school  bonds  shall  be  submitted  to  them  by  the  said 
board  or  by  the  said  common  council,   city  commission   or 
other  legislative  body.     No  bonds  shall  be  sold  for  less  than 
par,  nor  bear  more  than  six  per  cent  interest,  nor  run  *for 
more  than  twenty  years. 

Am.   1921,  Act  176. 

(184)  SEC.  18.    All  demands  and  claims  against  the  board 
shall  be  allowed  under  such  rules  and  regulations  as  it  may 
establish,  and  shall  thereupon  be  certified  to  the  city  comp- 
troller or  other  auditing  department  of  the  city  for  payment. 
Payment  of  the  same  shall  be  made  by  the  city  treasurer  out 
of  the  funds  of  the  board  in  the  same  manner  as  near  as  may 
be  as  claims  against  the  city  are  paid  out  of  the  general  city 
treasury. 

(185)  SEC.  19.     The  board  shall  have  power  to  elect  for 
such  term  not  exceeding  three  years  as  it  may  determine,  a 
superintendent  of  schools  and  a  business  manager,  neither 


Proviso. 


GENERAL  SCHOOL  LAWS.  87 


of  A  horn  shall  be  members  of  said  board,  and  to  fix  their 
gala  :ies  and  remove  either  of  them,  notwithstanding  their 
tern  of  office  has  not  expired,  upon  the  concurrent  vote  of 
two  birds  of  all  the  members  of  said  board.  It  may  dele- 
gate to  such  superintendent  the  executive  management  and 
•ol  of  the  educational  department  and  to  the  business 
mm  iirer  the  management  and  control  of  purchases,  contracts, 
and  all  other  business  matters  insofar  and  to  such  extent  as 
it  iii  iv  from  time  to  time  determine. 

(136)     SEC.  20.    A1J  proceedings  and  official  actions  of  the  Proceedings, 
boa;d  shall  be  printed  and  published  immediately  after  such  Sshef" 
met    ing.  in  such  manner  as  the  board  shall  decide.     It  shall 
can  e  to  be  made  at  the  end  of  each  fiscal  year  and  to  be  pub- 
lish d  a  complete  report  of  its  receipts  and  expenditures  and 
gen  ral  school  statistics. 

(  87)  SEC.  21.  The  board  shall  provide  for  taking  the  School 
seh.  ol  census  required  by  law.  It  shall  receiye  the  funds  de- ce 
vol.  d  by  law  to  the  maintenance  of  the  district  or  school 
libi  i rips  and  shall  devote  the  same  to  that  purpose,  and  may 
del*  gate  the  expenditure  of  such  library  funds  to  such  execu- 
tive body  as  may  be  constituted  Jby  law  for  the  management 
of  'he  public  or  school  libraries  within  the  city.  No  member 
of  lie  board  shall  receive  any  compensation  whatever  for 
ser  ices  as  members  nor  for  any  service  rendered  to  the 
boa  i-d.  Every  action  of  the  board  involving  the  incurring  of 
pec  iniary  liabilities  or  expenditure  of  money  shall  be  by  yea 
am  nay  vote  entered  at  large  upon  its  record. 

(188)  SEC  22.  Within  twenty-four  hours  after  its  pas- AcUons, 
sa^  \  ihe  president  or  acting  president  of  the  board  may  veto  p?eafdent.y 
ain  aeiioii  thereof  by  filing  in  the  office  of  the  secretary  of 
the  board  his  reasons  therefor,  in  writing,  and  the  same  there- 
npi'ii  shall  not  go  into  effect  or  have  any  legal  operation  until 
all  T  it  shall  be  repussed  at  a  subsequent  meeting  of  the  board 
by  a  vote  of  two-thirds  of  all  the  members  thereof.  No  action 
of  (he  board  shall  go  into  operation  until  the  expiration  of 
twenty-four  hours  after  its  passage  unless  the  president  or 
acting  president  shall  sooner  file  with  the  secretary  his  writ- 
tec  approval  thereof. 

i!8!>)     SEC.  23.     All    acts  and  parts    of  acts,  general    or  Acts  repealed. 
sp<  cial,  in  any  wise  contravening  provisions  of  this  act  shall 
be  and  are  from  and  after  the  time  this  act  goes  into  effect 
in  any  city,  repealed,  as  far  as  that  city  is  concerned. 


88 


STATE  OF  MICHIGAN. 


Boundaries, 
change  of. 


Consolidating 

school 

districts. 


Proviso, 
referendum. 


An  Act  in  relation  to  the  division  of  or  changing  of  boundaries  of 
primary   school   districts. 

[Act   61,   P.   A.    1911.] 

The  People  of  the  State  of  Michigan  enact: 

(190)  §  5765.    SECTION  1.    Hereafter  the  township  board 
of  any  township  may  divide  or  change  the  boundaries  of  any 
primary  school  district  regardless  of  whether  such  school  dis- 
trict was  formed  or  created  under  the  general  school  law,  or 
under  any  local  act  or  special  law  in  accordance  with  the 
same  rules  and  in  such  manner  as  is  prescribed  for  the  forma- 
tion and  alteration  of  school  districts.    In  those  instances  in 
which  the  school  district  lies  in  more  than  one  township,  such 
action  shall  be  taken  at  a  joint  meeting  of  the  boards  of  the 
various  townships  interested. 

(191)  §  5766.     SEC.  2.     Hereafter  the  township  board  of 
•any  township  may  consolidate  school  districts  regardless  of 
whether  such  school  districts  were  formed  or  created  under 
the  general  school  law  or  created  under  any  local  or  special 
law  in  accordance  with  the  same  rules  and  in  such  manner 
as  is  prescribed  for  the  formation  and  alteration  of  school 
districts.     In  those  instances  in  which  the  school  districts 
lie  in  more  than  one  township,  such  action  shall  be  taken  at 
a  joint  meeting  of  the  boards  of  the  various  townships  inter- 
ested :    Provided,  That  two  or  more  districts  shall  not  be  con- 
solidated, unless  such  consolidation,  is  approved  by  a  major- 
ity vote  of  the  electors  voting  at  an  annual  meeting,  or  a 
special  meeting  in  each  district  affected. 

Am.  1017.  Act  13*6. 


CONSOLIDATION  OF  SCHOOL  DISTRICTS  IN 
ANNEXED  TERRITORY. 


Districts, 
when  united. 


Resolution. 


Ten  per  cent 
petition. 


An  Act  to  provide  for  the  consolidation  of  school  districts  in  territory 
annexed  to  cities  with  school  districts  of  such  cities. 

[Act   18,   P.  A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(192)  SECTION  1.  Where  territory  is  annexed  to  a  city, 
organized  school  districts  partly  or  wholly  within  such  terri- 
tory shall  be  united  with  the  school  districts  of  such  city 
whenever  the  governing  bodies  of  any  such  district  and  of 
the  city  school  district,  by  resolution,  agree  upon  such  union. 
The  governing  body  of  either  the  city  district  or  annexed 
district  may  propose  such  union  by  resolution  setting  forth 
the  terms  thereof,  which  resolution  shall  be  transmitted  to 
the  other  body,  and  shall  be  acted  upon  by  it.  Either  body 
shall  propose  such  union  when  requested  by  petition  of  ten 


GENERAL  SCHOOL  LAWS.  89 


per  :ent  of  the  voters  of  its  district.  A  quorum  may  act  in 
case,  and  a  majority  of  the  body  may  pass  such  resolu- 
iim  AVhen  such  resolution  shall  have  passed  both  bodies, 
,i  .  py  i hereof  shall  be  certified  to  by  the  secretary  of  each, 
slia  I  be  recorded  in  the  register  of  deeds7  office,  and  shall, 
win  i  so  recorded,  pass  the  legal  title  of  the  real  and  per- 
son 1  property  of  the  district  in  the  annexed  territory  to  the 
dis1  -ict  of  the  city  to  which  the  same  was  annexed,  and  Shall 
be  >  iflicient  evidence  of  such  union. 

(  93)  SEC.  2.  The  resolution  shall  set  up  the  names  of  Resolution, 
the  respective  school  districts;  shall  accurately  define  theSSuia 
lioi  n la ries  of  the  district  which  it  is  proposed  to  unite  to 
the  city  district;  shall  recite  the  real  property  owned  by  said 
dis  rict  according  to  its  legal  description  and  the  personal 
pn  »eriy  witli  reasonable  particularity,  sufficient  to  enable 
it  i  }  be  accurately  identified;  shall  recite  the  bonded  indebted- 
ness of  said  district;  shall  specify  whether  a  part  or  all  of 
sai  i  district  has  been  annexed  to  said  city,  or  whether  all  or 
an  accurately  bounded  part  of  said  district  is  to  be  united 
with  the  city  district;  shall  set  up  that  the  district  passing 
sin  i  resolution  proposing  the  union  of  the  districts  named; 
am  shall  provide  that  upon  the  adoption  of  the  resolution 
by  the  governing  bodies  of  both  districts  and  the  recording  of 
sin  li  resolution  as  provided  in  section  one,  said  city  school  dis- 
tri-  t  shall  acquire  the  property  of  the  district  annexed  and 
tin  latter  shall  become  a  part  of  the  former  and  subject  to 
the  laws  governing  it. 

i  11)4)     SEC.  3.     In  like  manner,  when  a  part  only  of  a  union  of 
district   is  within  annexed  territory  provision  may  be  made  part  orUy* 
for  the  union  of  the  part  annexed  only,  with  the  city  district 
by  similar  agreement. 

P.C.  i  Si;c.  4.  In  either  case,  if  the  governing  body  of  the  Referendum, 
citf  district  passes  such  resolution,  and  that  of  the  district 
pa  -tly  or  wholly  annexed  does  not,  the  question  of  such  union 
shall  be  submitted,  by  the  board  of  the  latter  district,  to  the 
vo  ers  in  the  territory  proposed  to  be  added  to  the  city  dis- 
trict (within  thirty  days  after  the  resolution  is  received  from 
the  city  district  i,  at  a  regular  election,  or  a  special  election, 
ca  led  for  the  purpose.  If  a  majority  of  those  voting  favor 
an  .-h  union,  then  it  shall  become  effective  upon  the  recording 
of  said  resolution  and  a  certified  copy  of  the  notice  of  such 
eh  ciion  and  of  the  canvass  of  the  vote  cast  on  said  question. 

HIM;  i     Si:c.  r>.     AYhen   the  union  herein  provided  for  hasFumisand 
been  perfected,  the  officers  of  the  district  joined  to  the  city  pl 
district   shall  as  soon  as  may  be  account  to  the  city  district 
for  the  funds  and   properly  in   their  hands  as  such  officers, 
ai  d  shall  turn  over  same  to  said  city  district     Upon  the  re- 
c<-ipi   by  the  latter  of  such  funds  and  property,  such  officers 
shall  be  released  of  liability  therefor,  their  official  bonds  shall 
b<   deemed  cancelled,  and  their  offices  terminate.    Where  only 
a  fraction  of  a  district  is  united,  such  accounting  shall  be  pro 


00 


STATE  OF  MICHIGAN. 


Debts  and 
contracts. 


rata  in  the  proportion  of  the  population  united  to  the  whole 
population  of  the  district ;  such  officers  shall  be  discharged  of 
liability  for  the  property  accounted  for;  but  shall  continue  as 
officers  of  the  balance  of  the  district. 

(197)  SEC.  6.  When  such  union  is  perfected,  the  city  dis- 
trict shall  assume  outstanding  indebtedness  of  the  district 
annexed,  or  the  proper  pro  rata  share  thereof,  and  shall 
assume  and  perform  all  legally  binding  contracts  of  such  dis- 
trict, so  far  as  the  same  apply  to  the  part  of  said  district 
united  to  such  city  district.  Until  such  union  is  perfected,  all 
bonds  outstanding,  and  all  valid  unperformed  contracts,  and 
all  other  liabilities,  of  such  districts  in  annexed  territory  shall 
be  and  continue  valid  and  enforceable  obligations  thereof,  and 
said  districts  shall  continue  to  exercise  their  powers  as  such. 


CONSOLIDATION  OF  SCHOOL  DISTRICTS  IN  INCOR- 
PORATED CITY. 


When  city 
school 
districts 
consolidated. 


How 
proposed. 


Resolution, 
what  to 
recite. 


JLV*  l»J 

iner 
sep- 


An  Act  to  provide  for  the  consolidation  of  school  districts  which  are 
within  the  limits  of  any  incorporated  city. 

[Act  9,    (ex.   sess.).   P.   A.   191.19.] 

The  People  of  the  Rtate  of  Michigan  enact: 

(198)  SECTION  1.    Whenever  any  incorporated  city  of  the 
state  shall  contain  within  its  limits  two  separate  school  dis- 
tricts, formed  or  created  under  the  general  school  law  or 
under  any  local  act  or  special  law,  the  said  school  districts 
may  be  consolidated  into  one  school  district  in  the  man] 
hereinafter  prescribed. 

(199)  SEC.  2.     The  governing  body  of  either  of  the  s( 
arate  school  districts  may  propose  such  union  by  resolution, 
setting  forth   the   terms   thereof,   which   resolution   shall  be 
transmitted  to  the  other  body  and  shall  be  acted  upon  by  it. 
The  governing  body  of  either  of  the  separate  school  districts 
shall  propose  such  union  when  requested  by  petition  of  ten 
per  cent  of  the  voters  of  its  district.  A  quorum  may  act  in  each 
case  and  a  majority  of  the  body  may  pass  such  resolution. 
Whenever  such  resolution  shall  have  passed  each  body  a  copy 
thereof  shall  be  certified  to  by  the  secretary  of  each  and  filed 
with  the  city  clerk.     The  city  clerk  shall  thereupon  submit 
the  question  of  such  union  to  the  voters  in  each  school  dis- 
trict proposed  to  be  united,  at  a  regular  or  special  election 
to  be  called  for  that  purpose. 

(200)  SEC.  3.    The  resolution  shall  set  up  the  name  of  the 
respective   school   districts;    shall   recite   the   real   property 
owned  by  said  district  according  to  its  legal  description,  and 
the  personal  property  with  reasonable  particularity  sufficient 
to  enable  it  to  be  accurately  identified ;  shall  recite  the  bonded 


GENERAL  SCHOOL  LAWS.  91 


i  idebtedness  of  said  district;  and  shall  provide  that  when  the 
i  lajority  of  the  electors  of  each  district  shall  have  voted  in 
:  ivor  of  consolidating  the  school  districts,  said  consolidated 

Ichool  district  shall  acquire  the  property  of  each  district. 
(201)     SEC.  4.    That  the  procedure  in  said  election,  so  far  EiecUon, 
s  the  advertising  of  said  election,  casting  of  ballots  and  the   ' 
ounting  and  recording  of  same,  shall  follow,  as  near  as  may 
e,  the  method  prescribed  for  city  elections  within  said  city, 
«  xcept  as  herein  otherwise  provided. 

(202)  SEC.  5.     Every  citizen  of  the  United  States  of  thewnoquaii- 
ge  of  twenty-one  years  or  over,  male  or  female,  who  owns  fi( 
>roperty  which  is  assessed  for  school  taxes  in  such  districts, 

•r  who  is  the  parent  or  legal  guardian  of  any  child  of  school 
ige  included  in  the  school  census  of  such  district  and  who 
las  resided  in  said  district  at  least  three  months  next  preced- 
ng  such  election,  shall  be  a  qualified  voter. 

(203)  SEC.  G.    That  upon  the  determination  of  the  result  consoiida- 
)f  said  election,  if  it  should  appear  that  the  majority  of  the  effective611 
electors  of  each  school  district  voting  on  said  question  shall 

aave  voted  in  favor  of  consolidating  the  school  districts,  the 
•onsolidation  shall  thereupon  be  considered  as  immediately 
effective.  The  new  consolidated  district  shall  thereafter  be 
considered  as  created,  and  shall  operate  under  the  general 
M-hool  law,  the  same  being  act  number  one  hundred  sixty-six 
of  the  public  acts  of  nineteen  hundred  seventeen,  as  amended. 

Am.  1921  ;  Act  173. 

(204)  SEC.  7.     When  the  electors  of  each  school  district  Evidence  of 
have  voted  in  favor  of  consolidating  the  school  districts  as  union* 
herein  provided,  a  certified  copy  of  the  resolution  as  adopted 

by  the  governing  body  of  each  district,  and  of  the  resuL  of  the 
election  in  each  school  district,  shall  be  recorded  in  the  register 
of  deeds'  ollice  and  shall,  when  so  recorded,  pass  the  legal 
title  of  the  real  and  personal  property  of  each  district,  to  the 
new  consolidated  school  district,  and  shall  be  sufficient  evi- 
dence of  such  union. 

(-05)     SEC.  8.    When  such  union  is  perfected,  the  consoli- Liabilities 
dated  school  district   shall  assume  outstanding  indebtedness assumed- 
of   the  districts   united,   and    shall   assume  and  perform   all 
legally  binding  contracts  of  such  districts.     Until  such  union 
is  perfected,  all  bonds  outstanding  and  all  valid  unperformed 
contracts,  and  all  other  liabilities,  shall  be  and  continue  valid 
and  enforceable  obligations  thereof,  and  said  districts  shall 
continue  to  exercise'  their  power  as  such. 

i -<>U)     SEC.  9.    This  act  shall  not  be  construed  as  repealing  certain  act 
or  an'ecting  in  any  way  act   number  sixty-live  of  the  public  et°c. repea 
~cts  of  nineteen  hundred  nineteen. 


92 


STATE  OF  MICHIGAN. 


School  dis- 
trict, division 
of. 

Proviso, 
notice  of. 


Election 
inspectors, 
etc.,  appoint- 
ment of. 


Vacancies, 
how  filled. 


Registration, 
when  made. 


Board  of 
election  in- 
spectors, 
duty  of. 


An  Act  relative  to   dividing   city  school   districts   into  election  pre- 
cincts, and  to  provide  the  manner  of  holding  elections  therein. 

[Act  385,  P.  A.   1913.] 

The  People  of  the  State  of  Michigan  enact: 

(207)  §   5850.     SECTION  1.     In  any  city  school  district, 
the  board  of  education  thereof  may  divide  said  district  into 
two  or  more  election  precincts:  Provided,  That  such  division 
be  made  at  least  twenty  days  previous  to  the  first  annual 
meeting  or  election  held  thereafter,  and  a  diagram  of  the 
boundaries  of  each  precinct  be  posted  therein,  in  not  less  than 
three  of  the  most   public   places   in   each   precinct,   with   a 
plain  description  and  the  number  of  the  same,  not  less  than 
fifteen  days  previous   to  such  meeting  or  election,   and  by 
publishing  said  notice  in  a  newspaper,  if  one  is  published  and 
circulated  in  said  district,  for  at  least  three  weeks  previous 
to  such  meeting  or  election. 

(208)  §   5851.     SEC.  2.     The  board  of  education  of  any 
district  so  divided  shall,  not  less  than  ten  days  prior  to  any 
meeting  or  election,  appoint  the  members  of  the  boards  of 
registration,  and  the  inspectors  of  election  and  other  neces- 
sary election  officers  for  each  precinct  of  the  district,  and 
the  secretary  of  the  board  shall  notify  each  person  so  appointed 
thereof.    No  person  shall  serve  on  such  boards,  unless  he  is  an 
elector  and  resides  in  the  precinct  for  which  he  is  appointed. 

(209)  §  5852.    SEC.  3.    In  case  any  of  the  persons  so  ap- 
pointed to  serve  on  such  boards  of  registration  and  election 
decline  to  act,  or  neglect  to  appear  at  the  time  and  place 
designated,  the  members  of  the  board  present  or  the  electors 
at  the  polls,  may  fill  any  vacancy  or  vacancies  existing. 

(210)  §  5853.     SEC.  4.    After  a  district  has  been  divided 
into  election  precincts  under  the  provisions  of  this  act,  the 
board  of  education  shall  order  a  new    registration    of    the 
qualified  electors  to  be  made  in  each  precinct  the  Saturday 
preceding  any  meeting  of  the  district  at  which  an  election  is  to 
take  place,  and  it  shall  be  the  duty  of  the  board  of  education 
to  order  a  new  registration  in  each  precinct  every  four  years 
from  and  after  the  first  annual  meeting  or  election  held  in  any 
district  after  it  has  been  divided  into  precincts  under  the  pro- 
visions of  this  act. 

(211)  §  5854.    SEC.  5.    After  the  votes  have  been  counted 
in  a  precinct  at  any  election,  the  board  of  election  inspectors 
shall  make  out  a  correct  and»true  statement  thereof,  in  dupli- 
cate, and  certify  to  the  same.    One  copy  thereof  shall  be  de- 
posited in  the  ballot  box  and  the  other  shall  be  delivered  to  the 
chairman  of  the  board  of  election  inspectors  of  the  precinct, 
and  it  shall  be  the  duty  of  said  chairman  to  file  the  said  state- 
ment with  the  secretary  of  the  board  of  education  within 
twenty-four  hours  after  so  receiving  the  said  statement. 


: 


GENERAL  SCHOOL  LAWS.  93 

(212)     §  5855.    SEC.  G.    The  board  of  education  of  the  dis-  canvass. 
i  -ict  shall  inert  at  it  [its]  usual  place  of  meeting  ou  the  Wed- 
esday  succeeding  an  election  at  teu  o'clock  in  the  forenoon, 
nd  shall,  without  adjourning,  canvass  the  returns  from  the 
everal  precincts  of  the  district  and  declare  the  result  of  the 

I*      lection.     Said  canvass  shall  be  open  to  the  public.    The  sec- 
etary  shall  enter  the  proceedings  of  such  canvass  upon  the 
econls  of  the  district. 
'  (213)     §  5856.    SEC.  7.    Except  as  provided  in  this  act,  the  gecuons, 
d'anner  of  conducting  elections  shall  be  the  same  as  provided 
n  the  general  school  laws  of  the  state  and  any  local  act  in 
orce  in  such  district. 

(214)     §  5857.     SEC.  8.     This  act  shall  not  apply  to  any  Application 
ity  school  district  now  authorized  by  law  to  divide  such  dis-  ° 
rict  into  election  precincts  or  districts. 

ii'  15)     §  5858.    SEC.  9.    This  act  shall  apply  only  to  cities  idem. 
f  under  twenty-five  thousand  inhabitants. 

n  Act  relative  to  dividing  city  school  districts  into  election  precincts, 
to  provide  for  the  registration  of  voters  and  for  the  holding  of 
elections  therein. 

[Act    127.-,.  P.   A.   1915.] 


Sr.-tion  10  declares   this  act  immediately  necessary  for  the  preservation   of 
e  public  i>euiT  uiid   safety. 


-2  and  7  of  this  act  aro  amended  by  Act  3O3,  P.   A.  1919   (see  com- 
.  cflVrtivi-  in  districts  where  ratified  by  electors. 


The  People  of  1he  Flute  of  Michigan  enact:. 

i21<;»     £  5S41.    SECTION  1.    The  board  of  education  of  any 

district   composed    in    whole   or  in   part  of  territory  dstrict. 

in  any  city  in  this  state  may  divide  said  district  into 
such  number  of  voting  precincts  as  shall  be  necessary,  and 
shall  provide  for  ilie  registration  of  voters,  and  for  elections 
therein  suitable  ballot  boxes,  poll  lists  and  other  supplies  or 
equipment  as  may  be  necessary  or  proper.  Such  division 
shall  be  made  at  least  sixty  days  previous  to  the  first  election 
after  this  act  becomes  operative  in  any  district. 

1  21  7  1     £    r.si2.     Siv.   2.     A   registration  of  the  qualified  Registration. 
electors   in   each   district    shall  be  made  in  each  voting  pre- 
cinct. and   the  name,  sex  and  address  of  each  person  register- 
ing. and    whether   the  owner  of   property   assessed  for  school 
taxes  or  a  parent  or  legal  guardian  of  children  of  school  age. 
Such  registration  shall  in  all  respects  not  herein  specified  be 
conducted   in   the  same  manner  as   the  registration  required 
or  provided  for  with   reference  to  general  elections,  and  all  Laws 
laws  of  the  state  for  preserving  the  purity  of  elections  and  applk 
for    preventing   fraud    and    corruption    shall    govern   all   elec- 
tions and  registrations  under  this  act  so  far  as  the  same  are 
applicable.     Xo  unregistered  person  shall  be  allowed  to  vote 
at  any  school  election  unless  such  person  has  qualified  under 


94 


STATE  OF  MICHIGAN. 


of  boards. 


oath  under  the  provisions  of  law  regulating  elections  in  cities, 
when  made.  The  first  registration  of  voters  shall  be  made  in  each  voting 
precinct  in  said  district  on  the  last  Saturday  previous  to  the 
date  of  the  annual  school  election  as  fixed  by  law,  or  of  any 
special  election  that  may  be  ordered  or  provided  by  law,  and 
subsequent  registrations  shall  be  made  on  the  last  Saturday 
preceding  any  election  in  such  district  and  whenever  the  board 
of  education  may  provide  for  a1  general  registration  therein. 
Boards  of  registration  shall  be  in  session  in  the  several  vot- 
ing precincts  continuously  between  the  hours  of  three  o'clock 
and  eight  o'clock  in  the  afternoon  on  registration  days. 

Am.  1919,  Act   303.     Effective  when  ratified  by  electors  in  accordance   with 
section  2  of  said  act.    'See  compiler's  sections  (2215-28. 

(218)  §  5843.     SEC.  3.     The  board  of  education  in  each 
district  so  divided  shall  appoint  three  qualified  electors  in 
each  voting  precinct  to  compose  a  board  of  registration  and  a 
board  of  election  inspectors.    Such  appointment  shall  be  made 
at  least  ten  days  prior  to  the  time  required  for  registration 
and  election  as  the  case  may  be.    The  same  electors  may  be 
appointed  members  of  both  boards.    Each  member  shall  take 
the  constitutional  oath  of  office  and  shall  be  entitled  to  ad- 
minister oaths  to  any  person  in  connection  with  the  registra- 
tion or  election.     In  case  of  inability  or  refusal  to  act,  the 
board  of  education  may  fill  the  vacancy,  and  in  case  the  mem- 
bers shall  not  all  be  present  at  the  time  of -the  opening  of  the 
registration  or  of  the  polls,  the  qualified  electors  present  may 
fill  the  vacancy.    The  inspectors  of  election  shall,  immediately 
after  canvassing  the  votes,  make  their  return  thereof  and  de- 
liver the  same  to  the  secretary  of  the  board  of  education. 

(219)  §  5844.     SEC.  4.     Notice  of  the  time  and  place  of 
holding  any  registration  or  election  shall  be  given  by  the 
secretary  of  the  board  of  education,  by  posting  notice  thereof 
in  three  public  places  in  each  voting  precinct  in  which  the 
registration  or  election  is  to  be  held,  at  least  ten  days  before 
the  registration  or  election,  and  by  publication  in  one  or 
more  of  the  city  papers,  if  an}r,  in  the  district,  at  least  six 
times  within  ten  days  next  preceding  the  election.     If  no 
daily  paper  is  published  in  the  district,  the  notice  shall  be 
published  at  least  once  in  a  weekly  newspaper  published  there- 
in.   The  notice  of  election  shall  contain  the  names  of  all  can- 
didates for  each  office  to  be  voted  on,  and  the  substance  of  all 
special  matters,  if  any,  to  be  submitted  thereat. 

(220)  §  5845.    SEC.  5.    The  board  of  education  shall  con- 
vene on  Thursday  next  succeeding  any  election  at  the  usual 
hour  and  place  of  meeting,  and  canvass  the  returns,  and  from 
the  statements  filed  with  the  secretary,  shall  determine  the 
result  of  the  election  upon  each  question   and  proposition 
voted  upon,  and  what  persons  were  duly  elected  at  said  elec- 
tion.   The  secretary  shall  make  triplicate  certificates  of  such 
determination  under  the  corporate  seal  of  the  district,  show- 
ing the  result  of  the  election  upon  each  question  or  proposition, 


GENERAL  SCHOOL  LAWS.  95 

,nd  vhat  persons  were  declared  elected  to  the  several  offices 

esp<  :tivoly,  one  of  which  he  shall  file  in  the  office  of  the  coun- 

7  cl<  rk  oAhe  county,  one  in  the  office  of  the  city  clerk  of  the 

ity   ^n  which  such  district  is  situated,  and  the  other  shall 

>e  ii  ed  in  his  own  office.      The  person  receiving  the  great-  whoideemed 

et  i  urnber  of  votes,  as  shown  by  said  statements,  shall  be6' 

teen  ed  to  have  been  duly  elected,  but  if  there  shall  be  no  Tie  vote. 

hoi'  e  by  reason  of  two  or  more  candidates  having  received 

n  e<  ual  number  of  votes,  the  board  of  education  shall  at  the 

ime  of  canvassing  the  votes,  determine  by  lot  between  said 

iers  .ns  which  one  shall  be  elected  to  said  office.     It  shall  Notification. 

>e  t  ie  duty  of  the  secretary  of  the  board,  within  five  days 

fte     the   determination,   to   notify   in   writing   each   person 

lee  1 3d  of  his  election,  and    he  shall  file    a    written    accept- oath  of  office. 

nc(   of  such  election,  together  with  the  constitutional  oath 

f  o  fice  within  ten  days  after  receiving  such  notice,  or  the 

Hie  '  will  be  deemed  vacant. 

ii-l)     §   5846.     SEC.  6.     Candidates  for  members  of  the  Nomination 
ioai  d  of  education  shall  be  nominated  by  petition,  which  shall  by  *** 
e  I  led  with  the  secretary  of  the  board  of  education  not  less 
hai    ten  days  nor  more  than  fifteen  days  prior  to  the  date  of 
le<   ion.     Each    petition   shall   be  signed  by  not  less   than 
we  ity-five  qualified  registered  school  electors  of  the  district. 
?o  elector  shall  sign  the  petition  for  more  candidates  than 
re  to  be  elected.    Said  petition  shall  be  substantially  in  the 
ollowing  form  : 

u  Ve,  the  undersigned  qualified  school  electors  of  the  (name  Form. 

f  c  istrict)  do  hereby  nominate of 

trcet,  of  said  district,  as  a  member  of  the  board  of  educa- 
ior  of  said  district." 

Upon  the  filing  of  such  petitions  the  secretary  of  the  board  publication 
ha  1  place  the  same  in  the  public  files  of  his  office,  and  for  at  of  names- 
i'a.-t  live  days  immediately  preceding  said  election,  shall  pub- 
ish  the  names  proposed  in  a  daily  newspaper  of  the  district, 
.ml  if  then;  is  no  daily  newspaper  in  the  district,  the  names 
hall  he  published  in  all  the  weekly  newspapers  of  the  district 
or  at  least   one  edit  ion  during  the  week  preceding  the  elec- 
ion,  and  if  there  shall  be  no  paper  published  in  the  district, 
ie  -shall  post  primed  lists  of  such  names  in  three  of  the  most 
mblic  places  in  each  school  voting  precinct  in  said  district 
me  week  before  the  election.      The  secretary  of  the  board  official 
•f   Mlucation  shall  prepare  and  have  printed  an  official  ballot,  b£ 
diich  shall  be  in  substantially  the  same  form  as  provided  in 
he  general  election  law,  on  which  shall  be  placed  the  names 
>f  all  who  have  been  duly  named  for  members  of  said  board, 
n  the  printing  of  such  ballots  the  provisions  of  the  general 
av,-  of  the  state  for  transposing  and  alternating  the  names  of 
andidates  shall    apply:      Provide.],    That    no   parly    emblem  Proviso, 
>r  designation  shall  he  placed  upon  school  election  ballots.      Stem 

•  --!')     §  5847.    SEC.  7.    Except  as  provided  in  this  act,  the  conduct  of 
oanner  of  conducting  elections  shall  be  the  same  as  provided  election- 


96 


STATE  OF  MICHIGAN, 


Referendum. 


Ballot. 


Re-submis- 


Form. 


in  the  general  school  laws  of  this  state  and  any  local  act  i 
force  in  such  district. 


Am.  IDtg,  Act  303.     Effective  when  ratified  by  electors  in  accordance  with 
section  9    Of    said  act.     See  compiler's  sections   225-28. 

(223)  §  5848.  SEC.  8.  This  act  shall  not  be  in  force  or 
take-  effect  in  any  district  until  a  majority  of  the  voters  vot- 
ing on  such  proposition  shall  vote  in  favor  of  the  same.  Such 
proposition  may  be  submitted  to  the  voters  of  any  school  dis- 
trict at  such  time  or  times  as  the  board  of  education  of  such 
district  shall  determine,  and  when  submitted,  the  ballot  for 
voting  thereon  shall  be  in  substantially  the  following  form: 
'"Shall  this  school  district  be  divided  into  voting  precincts 
and  registration  of  voters  made  and  elections  hereafter  held 
in  such  several  voting  precincts  ? 


No  [     ]» 

'(l)24)  §  5849.  SEC.  9.  If  any  election  district  has  elected 
to  come  under  the  provisions  of  this  act,  such  district  may) 
at  any  time  after  two  years,  upon  a  petition  signed  by  ten  per 
cent  of  the  qualified  electors  in  said  district,  re-submit  the 
question  of  the  continuance  or  discontinuance  of  this  act 
within  such  district.  The  form  of  the  proposition  for  the 
re-submission  of  the  question  shall  be  drafted  by  the  board  of 
education  wlieii  submitted  at  any  succeeding  special  or  gen- 
eral election. 


Sections 
amended. 


Registration. 


An  Act  to  amend  sections  two  and  seven  of  act  number  two  hundred 
seventy-five  of  the  public  acts  of  nineteen  hundred  fifteen,  entitled 
"An  act  relative  to  dividing  city  school  districts  into  election  pre- 
cincts; to  provide  for  the  registration  of  voters  and  for  the  holding 
of  elections  therein,"  being  sections  five  thousand  eight  hundred 
forty-two  and  five  thousand  eight  hundred  forty-seven  of  the  com- 
piled laws  of  nineteen  hundred  fifteen. 

[Act   303,    P.    A.    1919.] 

The  People  of  the  State  of  Michigan  enact: 

(225)  SECTION  1.     Sections  two  and  seven  of  act  number 
two  hundred  seventy-five  of  the  public  acts  of  nineteen  hun- 
dred fifteen,  entitled  "An  act  relative  to  dividing  city  school 
districts  into  election  precincts;  to  provide  for  the  registra- 
tion of  voters  and  for  the  holding  of  elections  therein,"  being 
sections  five  thousand  eight  hundred  forty-two  and  five  thous- 
and eight  hundred  forty-seven  of  the  compiled  laws  of  nineteen 
hundred  fifteen,  are  hereby  amended  so  as  to  read  as  follows : 

(226)  §   5842.     SEC.  2.     A   registration   of  the  qualified 
electors  in  each  district  shall  be  made  in  each  voting  pre- 
cinct, and  the  name,  sex  and  address  of  each  person  register- 
ing, and  whether  the  owner  of  property  assessed  for  school 
taxes  or  a  parent  or  legal  guardian  of  children  of  school  age. 


GENERAL  SCHOOL  LAWS.  97 

Si   -h  registration  shall  in  nil  respects  not  herein  specified  be  HOW 

.,         '    .     .        .,  , , .  .    ,       ,.  •        i  conducted. 

co  iducted   in   the  same  manner  as   (lie  registration   required 

or  provided   for  with  reference  to  general  elections,  and  all 

la  ,'s  of  the  stale  for  preserving  the  purity  of  elections  and  for 

pi • 'venting   fraud   and   corruption,   shall  govern   all  elections 

ai   1  registrations  under  tin's  act  so  far  as  the  same  are  applic- 

al   e.     No  unregistered  person  shall  be  allowed  to  vote  at  any  iim-tnstcn.i 

sc  iool   election   unless  such   person   has  qualified  under  oath  p< 

U)  der  the  provisions  of  law  regulating  elections  in  cities.    The  First 

fii  st  registration  of  voters  shall  be  made  in  each  voting  pre- r 

ci  ict  in  said  district  on  the  last  Saturday  previous  to  the  date 

ol  the  animal  school  election  as  fixed  by  law,  or  of  any  special 

el  'ction  that  may  be  ordered  or  provided  by  law,  and  subse-  subsequent 

qi  ent  registrations  shall  be  made  on  the  last  Saturday  pre- r 

C(  iing  any  election  in  such  district,  and  whenever  the  board 

ol   education  may  provide  for  a  general  registration  therein: 

P -ovided.  however,    The  board  of  education  may  make  pro- Proviso, 

v:sion  for  the  registration  of  the  school  electors  of  said  dis- 01 

ti  ict  on  such  days  and  times  other  than  those  above  mentioned, 

a     it   may  deem  advisable,  and  may  provide  for  the  registra- 

ti  >n  of  qualified  school  electors  by  the  secretary  of  the  board 

0  education  when  the  boa rds  of  registration  in  the  precincts  of 

s.  id  district  are  not  in  session.    Boards  of  registration  shall  Hours  boards 
b;  in  session  in  the  several  voting  precincts  continuously  be- i] 
t^eeii  the  hours  of  three  o'clock  and  eight  o'clock  in  the  after- 
n  ton  on  registration  days,  and  such  additional  hours  as  the 
I»  »ard  of  education  may  direct. 

(227)     §  5S1T.    Si;c.  7.    Except  as  provided  in  this  act,  the  Lawgovem- 
n  anner  of  conducting  elections  shall  be  the  same  as  provided  ln 
in  the  general  school  laws  of  this  state  and  any  local  act  in 
force  in  such  district  :    Provided,  however,   In  a  school  district  Proviso, 
operating  under  any   local  act  which  fixes  the  hours  during  v°isfon^0" 
which  the  polls  shall  be  open  for  elections,  the  board  of  edu- 
cation of  said  district   may  determine  hours  other  and  differ- 
ent  from  those  so  lixed  during  which  the  polls  shall  be  open 
I'M-  elections  in  said  district  if  it  deem  the  same  advisable: 
Provided   further.    In   any   school  district  coining  within  the  Further* 

1  rovisions  of  this  act,  the  board  of  education  shall  determine  proportions, 
what  questions  and  propositions,  other  than  the  issuance  of 

bonds,  shall  l»e  submitted  to  the  vote  of  the  electors  of  the 
district  voting  in  precincts  as  herein  provided  for,  and  all 
other  questions,  propositions  and  matters  upon  which  action  other 
by  a  vote  of  the  electors  of  the  district  is  required  or  neces- q 
t;ary,  shall  be  acted  upon  at  the  annual  meeting  of  the  voters 
of  i  he  district,  or  at  a  special  meeiing  thereof,  called  and  held 
as  provided  by  law. 

IL'L'SI      BBC.  -.    This  act  shall  not  be  in  force  or  take  effect  Referendum, 
n   any   district,   which   shall   have  adopted    the  provisions  of 
«aid  act    number  two   hundred   seventy  live  «('   the  public  acts 
3f  nineteen    hundred    tifteen.    until    a    majority   of   the  voters 
voting  on  such  proportion  shall  vote  in.  favor  of  the  same. 

•„ 


98 


STATE   OP  MICHIGAN. 


Such  proposition  may  be  submitted  to  the  voters  of  any  such 
school  district  at  such  time  or  times  as  the  board  of  education 
Ballot.  of  such  district  shall  determine,  and  when  submitted,  the  bal- 

lot for  voting  thereon  shall  be  in  substantially  the  follow- 
ing form : 

Shall  -this  school  district  adopt  act  number 

of  the  public  acts  of  nineteen  hundred  nineteen,  amending 
sections  two  and  seven  of  act  number  two  hundred  seventy- 
five  of  the  public  acts  of  nineteen  hundred  fifteen,  sections  five 
thousand  eight  hundred  forty-two  and  five  thousand  eight 
hundred  forty-seven  of  the  compiled  laws  of  nineteen  hundred 
fifteen,  said  act  so  amended  being  "An  act  relative  to  dividing 
city  school  districts  into  election  precincts;  to  provide  for 
the  registration  of  voters  and  for  the  holding  of  election 
therein  ?" 

Yes   (     ). 

No    (     ). 


MISCELLANEOUS  PKOVISIONS  RELATIVE  TO  EDUCA- 
TION AND  THE  SCHOOLS. 


When  board 
to  purchase 
text-books. 


Proviso. 


Further 
proviso. 


TEXT  BOOKS. 

An  Act  to  regulate  the  uniformity  of,  and  to  provide  free  school  text- 
books in,  public  schools  throughout  the  state,  and  the  distribution 
of  the  same,  and  to  repeal  all  statutes  and  acts  contravening  the 
provisions  of  this  act. 

[Act  147,  P.  A.  1889.] 

The  People  of  the  State  of  Michigan  erwct: 

(229)  §  5781.  SECTION  1.  From  and  after  June  thirty, 
eighteen  hundred  ninety,  each  school  board  of  the  state  shall 
purchase,  when  authorized  as  hereinafter  provided,  the  text- 
books used  by  the  pupils  of  the  schools  in  its  district.  Text- 
books once  adopted  under  the  provisions  of  this  act  shall  not 
be  changed  within  five  years:  Provided,  That  the  textbook 
on  the  subject  of  physiology  and  hygiene  must  be  approved  by 
the  state  board  of  education  and  shall  in  every  way  comply 
with  section  fifteen  of  act  number  one  hundred  sixty-five  of 
the  public  acts  of  eighteen  hundred  eighty-seven,  approved 
June  nine,  eighteen  hundred  eighty-seven:  And  provided 
further,  That  all  text-books  used  in  any  school  district  shall 
be  uniform  in  any  one  subject. 

The  section  above  referred  to  is  section  60. 

FREE  TEXT-BOOKS  :  It  has  never  been  claimed  that  school  boards  have 
the  power  to  furnish  free  text-books  except  by  virtue  of  special  legislation.— 
Bd.  of  Education  v.  Detroit,  80/948. 

TEXT-BOOKS:  The  provision  of  the  law  that  books  once  adopted  shall 
not  be  changed  within  five  years  was  designed  to  protect  the  public  and  not 
for  the  benefit  of  book  publishers.— A tt'y  Gen'l  v.  Bd.  of  Ed.,  138 /6&1. 

A  resolution  of  the  board  directing  the  purchase  of  a  specified  text-book 
for  the  use  in  the  schools  constituted  an  adoption  of  that  book.  The  five 
years  began  to  run  from  the  date  of  such  resolution,  not  from  the  time  the  book 


GENERAL  SCHOOL  LAWS.  99 

wa  completely  Installed  in  the  school.  A  resolution  of  the  board  to  purchase 
cei  ain  text-books  for  "supplementary  use"  shows  no  intention  to  adopt,  and 
is  llegal  and  void. — Att'y  Gen'l  ex  rel.  Marr  v.  Bd.  of  Edu.,  Detroit ;  D.  C. 
H<  th  &  Co.  v.  same.  133/681. 

Under  its  organic  act  (Act  233  of  1869)  the  Detroit  board  of  education 
car  not  buy  school  books  for  high  school  students  and  sell  them  at  cost. — 
At  orney  General  v.  Bd.  of  Ed.  of  Detroit,  175/438. 

(230)  §  5782.     SEC.  2.    The  district  board  of  each  school  Board 

(1  strict  shall  select  the  kind  of  text-books  on  subjects  enumer-  tSe^SS. 
at  3d  in  section  one  to  be  taught  in  schools  of  their  respective 
(1  -Uriels:     Provided,    That    nothing   herein    contained    shall  proviso. 
r«  quire  any  change  in  text-books  now  in  use  in  such  district. 
T  ley  shall  cause  to  be  posted  in  a  conspicuous  place,  at  least  Notice  to 
t«  n  days  prior  to  the  first  annual  school  meeting  from  and  Juest?on. 
;i  ter  the  passage  of  this  act,  a  notice  that  those  qualified  to 
v  »te  upon  the  question  of  raising  money  in  said  district  shall 
v  >te  at  such  annual  meeting  to  authorize  said  district  board 
t  •  purchase  and  provide  free  text-books  for  the  use  of  the 
p  ipils  in  said  district.     If  a  majority  of  all  the  voters  as 
a  >ove  provided  present  at  such  meeting  shall  authorize  said 
1  >ard  to  raise  by  tax  a  sum  sufficient  to  comply  with  the  pro- 
v  sions  of  this  act,  the  district  board  shall  thereupon  make  a 
1  st  of  such  books  and  file  one  copy  with  the  township  clerk 
juid  keep  one  copy  posted  in  the  school,  and  due  notice  of  such 
action  by  the  district  shall  be  noted  in  the  annual  report  to 
t  ic  superintendent  of  public  instruction.    The  district  board 
shall  take  the  necessary  steps  to  purchase  such  books  for  the 
i  se  of  all  pupils  in  the  several  schools  of  their  district,  as 
1  ereinaf  ter  provided.     The  text-books  so  purchased  shall  be  Books  to  be 
the  property  of  the  district  purchasing  the  same,  and  shall  be  SESSSfetc. 
limned  to  pupils  free  of  charge,  under  such  rules  and  regula- 
tions for  their  careful  use  and  return  as  said  district  board 
i  iay  establish:  Provided,  That  nothing  herein  contained  shall  Proviso, 
prevent  any  person  from  buying  his  or  her  books  from  the 
district  hoard  of  the  school  in  which  he  or  she  may  attend: 
Provided  further,    That   nothing  herein  contained  shall  pre- Further 
vent  any  district  having  once  adopted  or  rejected  free  text- provi8a 
books  from  taking  further  action  on  the  same  at  any  sub- 
sequent annual  meeting. 

(231)  §  5783.    SEC.  3.    It  shall  be  the  duty  of  the  district  Board  to 
>oard  of  any  school  district  adopting  free  text-books  provided  withpub- 
.?or  in  this  act  to  make  a  contract  with  some  dealer  or  pub- lisners- etc- 
isher  to  furnish  books  used  in  said  district  at  a  price  not 

41  rater  than  the  net  wholesale  price  of  such  books:  Provided,  Proviso. 
That  any  district  may,  if  it  so  desires,  authorize  its  district 
board  to  advertise  for  proposals  before  making  such  contract. 
•>'2)  §  5784.  SEC.  4.  The  district  board  of  every  school 
district  iu  the  state  adopting  free  text-books  under  this  act 
shall  make  and  prepare  annually  an  estimate  of  the  amount 
of  money  necessary  to  be  raised  to  comply  with  the  conditions 
of  this  act,  and  shall  add  such  amount  to  the  annual  estimates 
made  for  money  to  be  raised  for  school  purposes,  for  the  next 
ensuing  year.  Said  sum  shall  be  in  addition  to  the  amount 


100 


STATE   OF  MICHIGAN. 


When  director 
to  purchase 
books,  etc. 


Refusal  or 
neglect  of 
duty  a  mis- 
demeanor. 


now  provided  by  law  to  be  raised;  which  amount  each  town- 
ship clerk  shall  certify  to  the  supervisor  of  his  township 
to  'be  assessed  upon  the  taxable  property  of  the  respective 
districts  as  provided  by  law  for  raising  the  regular  annual 
estimates  of  the  respective  district  boards  for  school  pur- 
poses, and  when  collected  shall  be  paid  to  the  district  treas- 
urer in  the  same  manner  as  all  other  money  belonging  to  said 
district  is  paid. 

(233)  §  5785.     SEC.  5.    On  the  first  day  of  February  next 
after  the  tax  shall  have  been  levied,  the  director  of  said  dis- 
trict may  proceed  to  purchase  the  books  required  by  the  pupils 
of  his  district  from  the  list  mentioned  in  section  one  of  this 
act,  and  shall  draw  his  warrant,  countersigned  by  the  mod- 
erator, upon  the  treasurer  or  assessor  of  the  district  for  price 
of  the  books  so  purchased,  including  the  cost  of  transportation. 

(234)  §  5786.     SEC.  6.     If  the  officers  of  any  school  dis- 
trict, which  has  so  voted  to   supply  itself  with  text-books, 
shall  refuse  or  neglect  to  purchase  at  the  expense  of  the  dis- 
trict for  the  use  of  the    pupils  thereof,    the    text-books  as 
enumerated  in  section  one  of  this  act,  or  to  provide  the  money 
therefor  as  herein  prescribed,  each  officer  or  member  of  such 
board  so  refusing  or  neglecting  shall  be  deemed  guilty  of  a 
misdemeanor,  and  upon  conviction  thereof  before  a  court  of 
competent  jurisdiction,  shall  be  liable  to  a  penalty  of  not 
more  than  fifty  dollars  or  imprisonment  in  the  county  jail 
for  a  period  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court:    Provided, 
That  any  district  board  may  buy  its  books  of  local  dealers  if 
the  same  can  be  purchased  and  delivered  to  the  director  as 
cheaply  as  if  bought  of  the  party  who  makes  the  lowest  bid 
to  the  district  board :   Provided  further,  That  school  districts 
in  cities  organized  under  special  charters  shall  be  exempt 
from  the  provisions  of  this  act,,  but  such  districts  nuiy,  when 
so  authorized  by  a  majority  vote  of  their  district  boards,  sub- 
mit the  question  of  free  text-ibooks  to  the  qualified  voters  of 
said  districts.    If  a  majority  of  the  qualified  electors  vote  in 
favor  of  furnishing  free  text-books,  such  district  boards  shall 
have  authority  to  proceed  under  the  provisions  of  this  act. 


Penalty. 


Proviso. 


Further 
proviso. 


In  cities, 
boards  may 
submit  ques- 
tions to  voters 
of  district. 


SPECIAL  CHAIRTEK.S  :  The  action  of  tue  Detroit  board  of  education,  in 
including  in  its  annual  estimate  a  sum  for  free  text-books,  in  the  absence  of 
authority  from  a  majority  of  the  qualified  electors,  as  provided  in  this  section, 
was  held  absolutely  void. — Bd.  of  Ed.  v.  Detroit,  SO/55'1. 


GENERAL  SCHOOL  $A\Y.  101 


A  Act  to  regulate  the  sale,  exchange,  and  use  of  school  text-books 
vithin  this  state,  to  provide  penalties  for  the  violation  hereof,  and 
o  repeal  act  number  three  hundred  fifteen  of  the  public  acts  of 
lineteon  hundred  thirteen,  entitled  "An  act  to  regulate  the  sale  of 

I  school  text-books,"  the  same  being  sections  five  thousand  seven 
Hind  red  eighty-seven  to  five  thousand  seven  hundred  ninety-eight, 
nclusive,  of  the  compiled  laws  of  nineteen  hundred  fifteen. 


[Art    :{so.   P.    A.    1919.] 

Tin-  /Vo/>/r  of  Hie  State  of  Michigan  enact: 


•  i1:;."  i     SK.-MOX  1.    No  board  of  education  or  school  official 
i     juiy  school  district  in  this  state  shall  purchase,  procure 
I-     exchange,  adopt,  or  permit  to  be  used  in  the  schools  of  any  books- 
s  icli  district  any  school  text-book  which  is  not  listed  with  the 
s  merintendent  of  public  instruction  as  hereinafter  provided. 
/  n y  person,  linn  or  corporation  desiring  to  offer  school  text-  putyof  Pub- 
1  )oks  for  adoption,  sale,  or  exchange  in  the  state  of  Mich- lisher>  etc- 
i  ,'an  shall   tile,  with  the  superintendent  of  public  instruction 

<  ipies  of  all  such  text-books  together  with  a  sworn  statement 

<  f  the  usual  list   price,  the  lowest  net  wholesale  price,  and 
t  ic  lowest  exchange  price  at  which  said  book  is  sold  or  ex- 
(  hanged  I'm-  an  old  book  on  the  same  subject  of  like  grade  and 

1  hid  but  of  a  dilVerent  series.    No  text-book  shall  be  listed  by  Contract 
the  superintendent  of  public  instruction  unless  the  person,  required' 
!  rni,  or  corporation  offering  the  same  shall  enter  into  a  writ- 
ten contract  with  the  superintendent  of  public  instruction, 
i  cting  on  behalf  of  the  state  of  Michigan  and  the  school  dis- 
tricts thereof,  which  said  contracts  shall  embrace  the  follow- conditions, 
ing  terms  and  conditions : 

i  a  i     That  said  person,  linn,  or  corporation  will  furnish  any  Agreement 
of  the  books  listed  in  said  statement,  and  in  any  other  state-  etc!""  lsh> 
nient  subsequently  tiled  by  him,  at  any  time  within  a  period 
of  <me  year  at'ier  such  tiling,  to  any  such  district  or  any  school 
corpora  lion  in  the  stale  of  Michigan  at  the  lowest  price  con- 
tained in  said  statement,  and   that   said  prices  shall  be  main- 
ained   uniformly  ilimngli    the  state; 

(b)     That    the  prices,  as  set  forth  in  said  statement,  shall  Automatic 
>e  automatically  reduced   in   the  state  of  Michigan  whenever  re 
•eductions    are    made    elsewhere    in    the    I'niled    States,    after 
lanuary  one,  nineteen   hundred  eighteen,  so  that  at  no  time 
shall  any  bonk  so  tiled  and  listed  be  sold  or  offered  for  sale 
by  such  person,  tirm.  or  corporation  in  the  state  of  Michigan 
at   higher    net    prices    than    are    received    for   such   book   else- 
where in   the  Tinted   States,  and   regardless  of  whether  such 
book    is   so   sold    or   offered    for   sale   elsewhere    in    accordance 
with  the  terms  of  a  contract,  or  otherwise; 

to      That  all  text  books  offered  for  sale,  adoption,  use,  or  Equal 
exchange  in   the  state  «,f  Michigan  shall  be  at  least  equal  in 
quality  to  those  deposited  in   the  ollice  of  the  superintendent 
of  public  instruction  as  regards  paper,  binding,  printing,  illus- 


102 


STATE  OF  MICHIGAN. 


Combina- 
tions, etc. 


Right  to 

cancel 

filings. 


trations,  subject  matter  and  any  and  all  other  particulars 
affecting  the  value  of  such  text-books ; 

special  (d)     That  in  case  any  abridged  or  special  edition  of  any 

of  the  books  so  listed  by  any  person,  firm,  or  corporation  is 
prepared  thereby  and  is  offered  for  sale  elsewhere  in  the 
United  States  at  lower  wholesale  prices  than  the  net  whole- 
sale price  of  said  book,  or  books,  according  to  the  statement 
filed  with  the  superintendent  of  public  instruction,  said  per- 
son, firm  or  corporation  shall  file  a  copy  of  such  special  edi- 
tion together  with  the  price  therefor  with  the  superintendent 
of  public  instruction,  and  shall  sell  and  offer  the  same  for 
sale  for  use  in  the  public  schools  of  the  state  of  Michigan  at 
the  lowest  net  prices  at  which  said  book  is  sold  or  offered  for 
sale  elsewhere  in  the  United  States ; 

(e)  That  the  person,  firm,  or  corporation  shall  not  enter 
into  any  understanding,  agreement,  or  combination  to  control 
the  prices  of  school  text-books  or  to  restrict  competition  in 
the  sale  thereof  for  use  in  the  public  schools  of  the  state  of 
Michigan ; 

(f)  That  the  superintendent  of  public  instruction  may,  if 
he  ascertains  at  any  time  that  any  person,  firm,  or  corpora- 
tion listing  books  with  him  as  herein  provided  is  selling  or 
offering  for  sale  any  such  book  or  books  elsewhere  in  the 
United  States  at  lower  prices  than  those  for  which  said  book 
or  books  are  sold  or  offered  for  sale  in  the  state  of  Michigan, 
cancel  all  filings  on  the  part  of  any  such  person,  firm,  or  cor- 
poration, and  remove  from  the  list  hereafter  referred  to  all 
books  sold  or  offered  for  sale  by  such  person,  firm,  or  cor- 
poration: Provided,  That  nothing  in  this  act  shall  be  con- 
strued to  disturb  contracts  entered  into  with  school  boards 
previous  to  January  first,  nineteen  hundred  nineteen. 

(236)  SEC.  2.     The  superintendent  of  public  instruction 
shall  not  enter  into  any  contract,  as  above  provided,  unless 
and  until  the  person,  firm,  or  corporation  seeking  to  have  its 
books  listed  hereunder  shall  enter  into  a  bond  to  the  people 
of  the  state  of  Michigan  in  the  penal  sum 'of  five  thousand 
dollars  conditioned  for  the  faithful  execution  of  the  terms  of 
the  contract.     Said  bond  shall  be  subject  to  the  approval  of 
the  attorney  general  of  the  state  and  shall  be  executed  as 
surety   by   some  responsible   surety   company   authorized    to 
carry  on   its  business  within   the  state  of  Michigan.     Any 
school  district,  school  board,  or  any  person  who  is  aggrieved 
by  any  breach  of  the  contract  aforesaid  may  bring  suit  on 
said  bond   to  recover  the  actual  damages   sustained.     Said 
bond  shall  also  specify  that  in  case  of  suit  thereon  in  the  name 
of  the  people  of  the  state  of  Michigan  as  hereinafter  provided, 
the  amount  of  said  bond  shall  be  regarded  as  liquidated  dam- 
ages for  the  breach  of  the  contract  secured. 

(237)  SEC.  3.    If  any  contract  executed  hereunder  or  any 
bond  securing  the  same  expires  and  is  not  renewed,  or  if -the 
superintendent   of  public   instruction   ascertains   and   deter- 


Proviso, 
existing 
contracts. 


Bond. 


Approval. 


Recovery  of 
damages. 


How  bond 
regarded  in 
case  of  suit. 


When 

listings 

cancelled. 


GENERAL  SCHOOL  LAWS.  103 


ii  ines  at  any  time  that  the  conditions  of  said  contract  have 
li  ?en  violated,  he  shall  cancel  the  listings  of  any  person,  firm, 
<'•  corporation  so  in  default;  and  therefrom  and  thereafter 
10  text-books  sold  or  offered  for  sale  by  any  such  person,  firm, 
CT  corporation  shall  be  purchased  or  taken  by  exchange  or 

<  therwise  by   any   school  board,   school   district,   or   school 

<  fficial  within  this  state. 

(238)  SEC.  4.     The  superintendent  of  public  instruction  Publication 
h  hall  annually,  and  at  such  other  time  or  times  as  he  may  Ol 

<  eem  expedient,  publish  and  send  to  each  board  of  education 
vithin  the  state  a  copy  of  all  lists  of  school  text-books  then  in 

orce  in  his  office  showing  the  prices  at  which  such  books  may 
>e  purchased.    Any  list  so  issued  shall  remain  effective  until 
uperseded  or  cancelled.     No  school  text-book  shall  be  pur-  Books  not 
•hased,  adopted,  or  used  for  or  in  the  schools  of  any  school  ultedunles 
listrict  within  the  state  unless  the  same  is  contained  in  the 
ist  so  put  forth  by  th,e  superintendent  of  public  instruction 
ind  in  effect  at  the  time  of  the  purchase,  adoption,  or  ex- 
change.    In  no  case  shall  any  filing  by  any  person,  firm,  or  when  filing 
corporation  become  effective  until  the  publication  of  a  list  * 
Dy  the  superintendent  of  public  instruction. 

(239)  SEC.  5.     It  shall  be  the  duty  of  all  school  superin- 
tendents  and  principals  and  school  officials  in  the  various  dis- 
tricts  of  the  state  to  notify  the  county  commissioner  of  schools 
of  the  county,  in  which  such  district  may  be,  of  any  violation 
of  any  of  the  terms  or  conditions  of  said  contract  or  said  bond 
that  shall  come  to  their  knowledge.     In  school  districts  in- 
cluded in  whole  or  in  part  within  the  limits  of  any  incor- 
porated city,  such  report  shall  be  made  to  the  board  of  educa- 
tion of  the  district  and  said  district  shall  thereupon  inform 
the  county  commissioner  of  schools   of   the  occurrence.     If, 
after  investigation,  said  county  commissioner  of  schools  con- 
cludes that    there  is  good  ground  for  believing  that   the  con- 
tract or  bond  has  been  violated,  he  shall   immediately   report 

the  matter  to  the  superintendent  of  public  instruction.     Said  when  listings 

.    A  cancelled. 

superintendent  shall,  upon  receipt  ot  any  such  report,  cause 
the  same  to  be  investigated,  and  if  he  finds  that   such  viola- 
tion has  in  fact  occurred,  he  shall   cancel  all   listings  of  the 
person,   linn,  or  corporation   in   default   ami   shall   notify   the 
boards   of  education   of    the   various   school    districts   of    the 
state  of  such  cancellation,  and  that  the  published  list  of  school 
text-hooks  is  modified  by  striking  therefrom   the  names  of  all 
books  sold  or  offered  for  sale  by  such  person,  linn,  or  corpora- 
tion.    The  superintendent    of   public    instruction    may,    in    his  May termj- 
discretion,   declare   the  contract  entered    into   with   any  such  ni 
person,    linn,   or   corporation    to   be*  terminated    as    to   future 
transactions,  and  he  may  refuse   thereafter  to  enter  into  any 
new    contract,    therewith.      In    case   any    contract    made   here- Action  on 
under   is    thus    terminated,    an    action    on    the    bond    may    be  b( 
brought  in  the  name  of  the  people  of  the  state  of  Michigan  by 
the  attorney  general   and    the  amount    of  such   bond   shall  be 


104 


STATE  OP  MICHIGAN. 


Inducement 
for  sale,  etc., 
prohibited. 


Proviso, 

sample 

copies. 


Retail  dealer's 
profit. 


Districts  may 
purchase,  etc. 


deemed  to  be  liquidated  damages  sustained  by  the  people  of 
the  state  for  and  on  account  of  such  breach. 

(240)  SEC.  6.    No  person  shall  secure  or  attempt  to  secure 
the  sale  of  any  school  text-books  in  any  school  district  in  this 
state  by  rewarding  or  promising  to  reward  any  teacher  in 
any  school  in  the  state  or  by  securing  for  him  any  position  in 
any  other  school.     No  person  shall  offer  or  give  any  emolu- 
ment, money,  or  other  valuable  thing,  promise  of  work,  or 
any  other  inducement  to  any  teacher  or  school  officer  in  any 
school  district  for  any  vote  or  promise  of  vote  or  for  the  use 
of  his  influence  for  any  school  text-books  to  be  used  in  this 
state:  Provided,  That  nothing  in  this  section  shall  be  con- 
strued to  prevent  any  person  from  giving,  or  any  school  officer 
or  teacher  from   receiving,   a   reasonable  num/ber  of  sample 
copies  of  school  text-books  for  examination  with  a  view  to  ob- 
taining information  as  to  the  book  or  series   of  books  for 
which  such  officer  shall  give  his  vote. 

(241)  SEC.  7.     It  shall  be  unlawful  for  any  retail  dealer 
in  text-books  to  sell  any  books  listed  with  the  superintendent 
of  public  instruction  as  hereinbefore  provided  at  a  price  to 
exceed  fifteen  per  cent  advance  on  the  net  wholesale  price  as 
so  listed,  and  the  cost  of  transportation. 

(242)  SEC.  8.     School  districts  are  hereby  authorized  to 
purchase  text-books  from  the  publishers  at  the  prices  listed 
with  the  superintendent  of  public  instruction  as  hereinbefore 
provided  and  to  sell  said  books  to  the  pupils  at  said  listed 
prices  or  at  such  prices  as  will  include  the  cost  of  transporta- 
tion and  the  cost  of  handling. 

(243)  <SEC.  9.     School  districts  are  hereby  authorize;!  to 
purchase  text-books  from  the  publishers  at  the  prices  listed 
with  the  superintendent  of  public  instruction  as  hereinbefore 
provided  and  to  designate  a  retail  dealer  or  dealers  to  act  as 
the  agent  of  the  district  in  selling  text-books  to  pupils.     The 
said  dealer  or  dealers  shall  at  stated  times  make  settlement 
with  the  district  for  such  books  as  have  been  sold  up  to  (lie 
stated  time.     Said  dealer  or  dealers  shall  not  sell  text-books 
at  a  price  which  shall  exceed  a  ten  per  cent  advance  on  the 
net  wholesale  price  as  listed  with  the  superintendent  of  pub- 
lic instruction. 

(244)  SEC.  10.     When  a  family  removes  from  one  school 
district  to  another  within  this  state,  the  treasurer  shall  pur- 
chase out  of  the  general  fund  the  text-books  in  actual  use 
by  the  children  of  said  family  if  said  children  are  attending 
the  public  schools  in  such  district.    The  price  to  be  paid  shall 
be  based  on  the  condition  of  the  books  and  the  same  may  be 
resold  by  the  school  district  to  other  pupils  moving  into  such 
district. 

(245)  SEC.    11.     Any   school    official    or   member   of   any 
school  board  or  other  person  violating  or  knowingly  permit- 
ting or  consenting  to  any  violation  of  the  provisions  of  this 
act  shall  be  deemed  to  be  guilty  of  a  misdemeanor  and  on 


May  desig- 
nate retailer 
as  agent. 


Purchase  of 
books  when 
family 
moves. 


Price. 


Penalty. 


GENERAL   SCHOOL  LAWS. 


105 


nviction  shall  he  punished  hy  a  tine  not  exceeding  live  hun- 
ed  dollars,  or  by  imprisonment  in  the  county  jail  not  exceed- 
i  g  three  months,  or  both  such  line  an<l  imprisonment  '"  in(1 
i!  scretiou  of  the  court. 

iL'HJ)  SEC.  12.  Act  number  three  hundred  fifteen  of  the  Act  repeated. 
1  ihlir  ads  of  nineteen  hundred  thirteen,  entitled  "An  act  to 
i  'gnlate  the  sale  of  school  text-books,"  the  same  being  sections 
i  ye  thousand  seven  hundred  eighty-seven  to  five  thousand 
s  !ven  hundred  ninety-eight,  inclusive,  of  the  compiled  laws 
(  :  nineteen  hundred  fifteen,  and  all  other  acts  or  parts  of  acts 
<  Hitravening  the  proyisions'of  this  act  are  hereby  repealed: 

ro\  ided,  however,  That  any  right  or  cause  of  action  that  may  Proviso, 
1  ave  accrued  under  said  act  number  three  hundred  fifteen,  or  pending. 
i  nder  any  other  law  repealed  hereby,  may  be  enforced,  or 

t  notwithstanding  the  provisions  hereof. 
SYSTKM  or  IHMAM:  KDUCATIOX. 

in  Act  to  provide  a  system  of  humane  education,  which  shall  include 
kind  treatment  to  domestic  and  wild  animals  and  birds. 


1 


[Act  227,   P.   A.   1913.1 

Tin-  r<  <>i>l<'  of  the  State  of  Michigan  cmict: 


n'17)      £  .~>S71.     SI-:«TION  1.     For  the  purpose  of  lessening  Education  in 
•rime  and  raising  the  standard  of  good  citizenship,  and  incul-  JJj!jJJSs> 
•a I  ing-  the  spirit  of  humanity,  such  humane  education  shall  be 
.liven  in  ihe  public  schools  as  shall  include  the  kind  and  just 
treatment  of  horses,  dogs,  cats,  birds,  and  all  other  animals. 

iLMSi      £  r>sTi'.     SEC.  2.     In  every  public  school  writhin  Ihis  'iv:ir»iinK of 
state,  a  portion  of  the  time  shall  be  devoted  to  teaching  the  ki 
pupils  thereof  kindness  and  justice  to,  and  humane  treatment 
and  proteriion  of,  animals  and  birds,  and  the  important  part 
they  fuliill   in   ilie  economy  of  nature.     It  shall  be  optional  IIow  taught, 
with   each   teacher   whether  such   teaching  shall  be  through 
humane  reading,  stories,  narratives  of  daily  incidents  or  illus- 
trations   taken   from   personal  experience.     This  instruction  Part  of  study. 
shall  lie  a  part  of  the  curriculum  of  study  in  all  the  public 
schools  of  the  state  of  Michigan. 

iL'l!h     $  r>s7:;.     Si:c.  3.    The  principal  or  teacher  of  every  certified 

100!  shall  certify  in  his  or  her  reports  that  such  instruc- r 
has  been  given  in  the  school  under  his  or  her  control. 


106 


STATE  OF  MICHIGAN. 


KINDERGARTEN  WORK. 


Duty  of 

district 

board. 


Qualifica- 
tions of 
teachers,  etc. 


What  chil- 
dren entitled 
to  instruc- 
tion. 


Act  to  apply 
to  certain 
other  schools. 


An  Act  authorizing  the  introduction  of  the  kindergarten  method  in 
the  public  schools  of  this  state. 

[Act  119,  P.   A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 

(250)  §  5799.    -SECTION  1.    That  in  addition  to  the  duties 
imposed  <by  law  upon  the  district  board  of  every  school  district 
in  this  state,  they  shall  also  be  empowered  to  provide  a  suit- 
able room  or  apartment  for  kindergarten  work,  and  to  supply 
their  district  respectively  with  the  necessary  apparatus  and 
appliances  for  the  instruction  of  children  in  what  is  known  as 
the  kindergarten  method. 

As    to  certificates,   and   payment  of  kindergarten   teachers,   see   section   2514. 

(251)  §'5800.     SEC.  2.     In  the  employment  of  teachers  it 
shall  be  competent  for  such  district  board  to  require  quali- 
fications for  instruction  of  children  in  kindergarten  methods, 
and   the  district  board   may   provide  by   contract  with   the 
teacher  for  such  instruction,  specifying  the  hours  and  times 
therefor  under  such  rules  as  the  district  board  may  prescribe. 

(252)  §  5801.     SEC.  3.     All  children  residing  within  the 
district  between  the  ages  of  four  and  seven  shall  be  entitled 
.to  instructions  in  the  kindergarten  department  of  such  dis- 
trict school. 

(253)  §  5802.     SEC.  4.    The  powers  and  duties  herein  im- 
posed or  conferred  upon  the  district  shall  also  be  and  the 
same  are  hereby  imposed  and  conferred  upon  the  school  trus- 
tees or  board  of  education  or  other  body,  by  whatever  name 
known,  managing  or  controlling  the  public  schools  in  each  city 
and  village  of  this  state;  and  this  act  is  hereby  made  applicable 
to  every  public  school  organized  by  special  act  or  by  charter 
as  fully  as  if  they  were  named  herein. 


QUALIFICATIONS   OF   KINDERGARTEN,   MUSIC   AND 
DRAWING  TEACHERS. 


When 
teachers 
legally 
qualified. 


An  Act  to  define  the  legal  qualifications  of  kindergarten,  primary, 
music,  domestic  science  and  art,  manual  training,  commercial, 
physical  training,  and  drawing  teachers  in  the  state,  (a) 

[Act  166,  i»,  A.  1901.] 
The  People  of  the  State  of  Michigan  enact: 

(254)     §  5803.     SECTION  1.    Any  person  who  is  a  graduate 
of  any  kindergarten  training  school,  whose  course  of  study 


(a)      Title   amended    1917,    Act   265. 


GENERAL  SCHOOL  LAWS.  107 

co  'ers  at  least  two  years  of  work  and  is  approved  by  the 
superintendent  of  public  instnidion  of  this  stale,  an<l  who 
h<  Ids  also  a  teacher's  cerliticate  or  a  diploma  from  a  repu- 
tti  )le  college  or  from  a  high  school  having  a  four  years'  high 
sc  100!  course,  may  he  granted  a  kindergarten  and  primary 
c<  'tificate  by  said  superintendent  of  public  instruction,  and 
Si  ch  person  holding  such  certificate  shall  be  considered  a 
h  jally  qualified  kindergarten  and  primary  teacher;  and  any 
d  strict  board  shall  be  authorized  to  pay  such  teacher  for 
ii  <t ruction  in  the  kindergarten  and  primary  grades  from  the 
s.  me  fund,  and  in  the  same  manner  as  other  teachers  are 
n  »w  paid. 

Am.   1!»  17.  Act  265. 
See  sections  2r.<- 

(255)  §   5804.      Si:«'.   '1.     Any    person    who   lias   finished   a  who  may  be 
c  mrse  of  at    least   two  years   in  music,  domestic  science  and 

a  -t,  manual  training,  commercial  branches,  physical  training 
(  •  drawing  in  the  university  of  the  state  of  Michigan,  or  in 
a  ny  of  the  state  normal  schools,  or  in  any  college  incorporated 
i  nder  the  general  laws  of  the  state,  or  in  any  other  instil u- 
i  on  whose  course  of  study  is  acceptable  to  the  superinten- 
i  cut  of  public  instruction,  and  who  shall  present  to  said  su- 
I  erintendent  of  public  instruction  a  statement  from  the 
I  rop<-r  authorities  of  the  institution  certifying  to  the  fact 
<f  the  completion  of  the  required  amount  of  work,  may  be 
i  ranted  respectively  a  music  teacher's  certificate,  a  domestic 
science  and  art  teacher's  certificate,  a  manual  training  teach- 
er's eertitieate,  a  commercial  teacher's  certificate,  a  physical 
training  teacher's  certificate,  or  a  drawing  teacher's  certifi- 
ratej  and  any  person  holding  such  eertitieate  shall  be  con- Deemed 
.  idered  a  legally  qualified  teacher  in  the  subject  named  in 
he  certificate;  and  any  district  board  or  board  of  education 
shall  be  authorized  to  pay  such  teacher  for  instruction  in  the 
subject  for  which  such  teacher  is  thus  qualified  from  the  same 
fund  and  in  the  same  manner  as  other  teachers  are  now  paid. 

Am.    Id. 

(256)  §  5805.     SEC.  3.     Any  person  who  has  finished   a 
course  of  at  least  two  years  in  music  under  a  private  instruc- 
tor,  and   who  shall   pass  an   examination  satisfactory  to  the 
musical  director  of  any  state  normal  school  in  Michigan,  may 
be  granted  a  music  teacher's  certificate  as  provided  in  section 

hereof. 


108 


STATE   OF  MICHIGAN. 


STUDY  OF  DANGEROUS  DISEASES. 


Instruction, 
how  given. 


Text-books, 
approval  of. 


Penalty. 


An  Act  to  provide  for  teaching  in  the  public  schools  the  modes  by 
which  the  dangerous  communicable  diseases  are  spread,  and  the 
best  methods  for  the  restriction  and  prevention  of  such  diseases. 

[Act  140,  P.  A.  1895.] 

The  People  of  the  State  of  Michigan  enact: 

(257)  §  5807.     SECTION  1.    There  shall  be  taught  in  every 
year  in  every  public  school  in  Michigan  the  principal  modes 
by  which  each  of  the  dangerous  communicable  diseases  are 
spread  and  the  best  methods  for  the  restriction  and  preven- 
tion of  each  such  disease.    Such  instruction  shall  be  given  by 
the  aid  of  text-boobs  on  physiology,   supplemented  by  oral 
and  blackboard  instruction.    From  and  after  July  first,  nine- 
teen hundred  ten,  no  text-book  on  physiology  shall  be  adopted 
for  use  in  the  public  schools  of  tills  state,  unless  it  shall  give 
at  least  one-eighth  of  its  space  to  the  causes  and  prevention 
of   dangerous   communicable    diseases.     Text-books   used    in 
giving  the  foregoing  instruction  shall,  before  being  adoplcd 
for  use  in  the  public  schools,  have  that  portion  given  to  the 
instruction  in  communicable  diseases  approved  by  the  state 
board  of  health  to  the  state  board  of  education. 

(258)  §  5808.     SEC.  2.     Neglect  or  refusal  on  the  part  of 
any  superintendent  or  teacher  to  comply  with  the  provisions 
of  this  law  shall  be  considered  a  sufficient  cause  for  dismissal 
from  the  school  by  the  school  board.     Any  school  board  wil- 
fully neglecting  or  refusing  to  comply  with  any  of  the  pro- 
visions of  this  act  shall  be  subject  to  fine  the  same  as  for 
neglect  of  any  other  duty  pertaining  to  their  office.    This  act 
shall 'apply  to  all  schools  in  this  state,  including  schools  in 
cities  or  villages,  whether  incorporated  under  special  charter 
or  under  the  general  laws. 


Duty  of 
boards. 


OPTIONAL  COURSE  OF   MILITARY  TRAINING  IN 
HIGH  SCHOOLS. 

An  Act  to  require  the  establishment  of  an  optional  course  of  military 
training  in  all  high  schools  in  this  state. 

[Act   185,   P.   A.    1917.] 

The  People  of  the  State  of  Michigan  enact: 

(259)  SECTION  1.  Hereafter  it  shall  be  the  duty  of  all 
boards  of  education  or  boards  of  trustees  of  school  districts 
maintaining  one  or  more  high  schools  within  their  respec- 
tive districts  to  establish  a  course  of  military  training  for 
such  high  school  or  schools,  such  course  to  be  optional  with 


GENERAL   SCH( 


t  te  students  of  such  high   schools:     Provided,  That  nothing  Proviso. 
]  M-ein  contained  shall  apply  to  cities  or  villages  having  less 
i  lan  live  thousand  population:     Provided  further,  That  when  Further 
I   ss  than   twenty-five  male  students  elect    to  take  such  course,  pr" 
1  le  hoard  of  education  may  discontinue  said  course  until  such 

•  me   as    t \\ cut y-live    male   students   request   the   re-establish- 
ent  of  said  course. 

ilMJIh      S  i-:r.   ±      Failure   or   neglect   upon   the  part   of  any  Penalty. 
loan!   of  education   or  board  of  trustees   of  any  school  dis 
irt    to  maintain  a  course  of  military  training,  as  provided 
i    this  act,   shall    subject    said   hoard    to   removal    from   office, 
;  Her  a    hearing  with   proper  notice,  by    the  state  superinten- 
<  ent  of  public  instruction. 

— 

FACHIXi;  OF  STATE  AND  UNITED  STATES  CONSTT- 
Tl  TIOXS   IX  PUBLIC,  ETC.,   SCHOOLS. 

.in   Act   to   require   the   teaching   of  the   constitution   of   the   United 
States  and  of  the  state  of  Michigan  in  the  public  and  private  schools 

Kf  the  state. 
[Act   209,   P.   A.    1021.] 
77/r  /Vo/>7r  of  lite,  Xtaic  of  Michigan  enact: 

(iMili     Si.cimx  ,1.     In  all  public  and  private  schools  lo- Teaching  of 
•aled    within   the  state  of  Michigan,    commencing    with    the£$gj^°n 
school  year  nineteen  hundred  twenty-one,  there  shall  be  given 
•egnlar  courses  of  instruction  in  the  constitution  of  the  United 
>tatcs  and  in  the  constitution  of  the  state  of  Michigan. 

i -Mil')      Si:<\  i'.     Such  instruction  in  the  constitution  of  the  Period 
Tinted   States  and   the  constitution  of  the  state  of  Michigan 
>hall   begin   not    later   than    the  opening  of   the  -eighth  grade, 
Hid  shall  continue  in   the  high  school  course  to  an  extent  to 
>e  determined   by   the  superintendent    of  public  instruction. 


FIUK   DRILLS  IN  SCHOOLS. 

I  I'Xtnn-t     from     A<  i     17\    1'.     A.     r.) !."..] 

!I1KI.      SKC.    10.      Ij   shall   be  the  duly  of  (lie  state  Fir<>  drills  in 
lire  marshal  and  deputy  and  assistant   lire  marshals  to  require  sc 
teachers  of  public  and   private  schools  and   educational  insti- 
tutions to  have  one  lire  drill  each  month  and  to  keep  all  doors 
and   exits  unlocked   during  school   hours,  and    it   shall   be  the 
iv  of  such  teachers  to  comply  with  these  requirements. 


Ily  of  s 
. 


110 


STATE  OP  MICHIGAN. 


PUBLICATION   OF   PROCEEDINGS   OF   ANNUAL 
SCHOOL  MEETINGS. 


Publication 
of  proceed- 
ings, etc. 


Penalty  for 
neglect. 


An  Act  to  provide  for  the  publication  of  the  proceedings  of  the 
annual  school  meeting,  and  an  annual  financial  statement  in  graded 
school  districts  in  which  a  newspaper  is  published,  and  to  provide 
for  the  expense  thereof,  (a) 

[Act.   1S5,   P.   A.   1897.] 

The  People  of  the  State  of  Michigan  enact: 

(264)  §  5809.     SECTION  1.     Previous  to  the  first  Monday 
in  August  of  each  year  the  board  of  education  or  board  of 
trustees,  as  the  case  may  be,  of  each  graded  school  district 
in  this  state  shall  cause  to  be  published  in  a  newspaper  pub- 
lished in  said  district,  or  in  the  county  in  which  said  district 
is  located,  said  newspaper  to  be  designated  by  said  board  of 
education,  a  complete  statement  of  the  proceedings  of  the 
annual  school  meeting,  and  an  itemized  financial  statement 
of  the  receipts  and  expenditures  of  said  district  during  the 
preceding  school  year,  the  expense  of  said  publication  to  be 
paid  out  of  the  general  fund  of  the  district  and  proof  of  said 
publication  shall  be  filed  in  the  office  of  the  superintendent 
of  public  instruction  not  later  than  August  fifteenth  of  each 
and  every  year. 

Am.   1917,  Act  269;   1919,  Act  350. 

(265)  §  5810.    SEC.  2.    If  any  board  of  education  or  board 
of  trustees  shall  fail  or  neglect  to  comply  with  the  provisions 
of  this  act  each  member  of  any  such  board  shall  forfeit  the 
sum  of  ten  dollars  upon  conviction  thereof  in  any  court  of 
competent  jurisdiction. 


DISPLAY  OF  U.  S.  FLAGS. 


Flags  and 
appliances 
to  be 
purchased. 


Time  for 
displaying. 


An  Act  to  provide  for  the  purchase  and  display  of  United  States  flags 
in  connection  with  the  public  school  buildings  within  this  state. 

[Act   50,   P.   A.    189-5.] 

The  People  of  the  State  of  Michigan  enact: 

(266)  §  5811.  SECTION  1.  That  the  board  of  education 
or  the  board  of  school  trustees  in  the  several  cities,  town- 
ships, villages  and  school  districts  of  this  state  shall  pur- 
chase a  United  States  flag  of  a  size  not  less  than  four  feet 
two  inches  by  eight  feet  and  made  of  good  flag  bunting  "A," 
flag  staff  and  the  necessary  appliances  therefor  and  shall  dis- 
play said  flag  upon,  near,  or  in  a  conspicuous  place  within, 


(a)     Title  amended   1919.   Act   3SO. 


GENERAL  SCHOOL  LAWS.  Ill 

he  public  school  building  during  school  hours  and  at  such 
>ther  times  as  to  the  said  board  may  seem  proper;  and  that  Expense  to 
he  necessary  funds  to  defray  the  expenses  to  be  incurred  fe 
lerein  shall  be  assessed  and  collected  in  the  same  manner  as  moneys, 
noneys  for  public  school  purposes  are  collected  by  law.    And  Penalty. 
the  penalties  for  neglect  of  duty  provided  in   section   two, 
chapter  thirteen   of  the  general    school   laws,   shall   apply  to 
any  school  officer  refusing  to  comply  with   the  provisions  of 
this  act. 


OBSERVANCE  OF  HOLIDAYS. 

in  Act  designating  the  days  to  be  observed  as  holidays  in  the  public 
schools  of  this  state. 


Ul 

* 


[Act    11.    P.    A. 

The  People  of  the  State  of  Mirhit/an  enact: 

(267)     §  5823.    SECTION  1.    The  following  days,  namely,  Holidays, 
he  first  day  of  January,  commonly  called  New  Year's  day, 
the  thirtieth  day  of  May,  commonly  called  Memorial  day,  the 
fourth  day  of  July,  commonly  called  Independence  day,  the 
first  Monday  of  September,  commonly  called  Labor  day,  and 
the  twenty-fifth   day  of  December,   commonly   called  Christ- 
mas  day,   all   Saturdays   and   all   days  appointed  or  recom- 
mended  by  the  governor  of  this  state  or  the  president  of  the 
United  States  as  days  of  fasting  and  prayer  or  thanksgiving 
all,  in  all  the  public  schools  of  the  state,  be  treated  and 
considered  as  public  holidays  and  on  such  above  specified 
days  there  shall  be  no  school  sessions  in  any  of  such  public 
schools  of  this  state:     Provided,  That  the  salary  of  school  proviso, 
officers  and  teachers  shall  be  in  no  way  affected  by  reason  of  SfectS.not 
the  dismissal  of  school  on  any  of  the  above  mentioned  days: 
Provided  further,  That  on  the  following  days,  namely,  the  Further 
twelfth  day  of  February,  commonly  called  Lincoln's  birthday,  observance  of 
the  twenty  second  day  of  February .  commonly  called  Washing-  other  days, 
ton's  birthday,   I  he  seventeenth  day  of  September,  being  the 
date  of  the  adoption  of  the  federal  constitution,  the  twelfth 
day  of  October,  commonly  called  Columbus  day.   I  lie  twenty- 
seventh  day  of  October  to  be  known  as  Roosevelt's  birthday, 
and   the  eleventh  day  of  November,  commonly  called  Liberty 
•  lay,  it  shall  be  the  duty  of  all  school  officers  and  teachers  to 
have  the  schools  under  their  respective  charge  observe  such 
mentioned    days,    namely,    the  twelfth   day   of  February,   the 
twenty-second  day  of  February,  the  seventeenth  day  of  Sep- 
tember, the  twelfth  and  twenty  seventh  days  of  October,  and 
the  eleventh   day   of    November,  by   proper  and  appropriate 
Commemorative  exercises,  and   such  days  shall  not  be  con- 
sidered as  legal  holidays  for  schools.    Any  teacher  neglecting  Penalty  for 
to  perform  the  duty  hereby  imposed  shall  be  liable  to  have 


112 


STATE  OF  MICHIGAN. 


his  or  her  certificate  revoked  by  the  county  commissioner  of 
schools  or  by  the  superintendent  of  public  instruction. 

Am.  1919,  Act  72. 

Requirement         (268)     §  5824.     SEC.  2.     Hereafter  in  all  examinations  for 

gra!eght          eighth  grade  diplomas,  all  applicants  shall  be  required  as  a 
diploma. 


of  ga^  examination  to  write  from  memory  the  first  verse 
of  the  Star  Spangled  Banner  and  the  words  of  America. 


Carleton 
day. 


How 
observed. 


An  Act  to  provide  for  the  observance  of  "Carleton  day"  in  the  schools 

of  Michigan. 

[Act  51,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(269)  SECTION  1.  The  twenty  jfirst  day  of  October  in  each 
year  shall  be  observed  with  appropriate  exercises  in  the 
schools  of  Michigan  as  "Carleton  day"  in  memory  of  Will 
Carleton,  Michigan's  pioneer  poet.  Whenever  said  twenty- 
first  day  of  October  shall  fall  on  other  than  a  school  day,  the 
superintendent  of  public  instruction  shall  designate  the  day 
nearest  such  twenty-first  day  of  October  as  "Carleton  day." 
On  such  day  it  shall  be  the  duty  of  each  teacher  of  any  grade 
above  the  fifth  grade  to  read,  or  cause  to  be  read,  to  his  or  her 
pupils  at  least  one  of  the  poems,  of  Will  Carleton  and  may,  in 
addition,  provide  such  other  proper  and  fitting  observance  of 
such  Carleton  day  as  they  may  desire. 


KETURNS  FKOM  ACADEMIES. 


Reports  to 
be  made  to 
superintend- 
ent of  public 
instruction. 


An    Act    requiring    certain    returns    to    be    made    from    incorporated 
academies,   and   other   literary   institutions. 

[Act  1-0,    S.   L.   1680.] 

Be  it  enacted  ~by  the  Senate  and  House  of  Representatives  of 
the  State  of  Michigan: 

(270)  §  10674.  SECTION  1.  That  it  shall  be  the  duty  of 
the  president  of  the  board  of  trustees  of  every  organized  acad- 
emy, or  literary  or  collegiate  institution,  heretofore  incor- 
porated or  hereafter  to  be  incorporated,  to  cause  to  be  made 
out  by  the  principal  instructor,  or  other  proper  officer,  and 
forwarded,  by  mail  or  otherwise,  to  the  office  of  the  superin- 
tendent of  public:  instruction,  between  the  first  and  fifteenth 
days  of  December,  in  each  year,  a  report,  setting  forth  the 
amount  and  estimated  value  of  real  estate  owned  by  the  cor- 
poration, the  amount  of  other  funds  and  endowments,  and 


GENERAL  SCHOOL  LAWS.  113 

tin  yearly  income  from  nil  sources.  I  lie  number  of  instructors, 
til-  number  of  students  in  the  different  classes,  the  studie< 
pn  sued,  and  the  books  used,  the  course  of  instruction,  the 
tej  us  of  tuition,  and  such  other  matters  as  may  be  specially 
re<  nested  bv  said  superintendent,  or  as  may  be  deemed  proper 
by  the  president  or  principal  of  such  academies  or  institutes, 
to  'liable  the  superintendent  of  public  instruction  to  lay  before 
tin  legislature  a  fair  and  full  exhibit  of  the  affairs  and  cnudi- 
a  of  said  inst  it  in  ions. 


Act  to  authorize  the  regents  of  the  university  of  Michigan  to 
rant  teachers'  certificates  in  certain  cases,  and  to  repeal  act  one 
tundred  forty-four  of  the  public  acts  of  eighteen  hundred  ninety- 
»ne,  and  all  other  acts  or  parts  of  acts  contravening  the  provisions 
'f  this  act. 

[Act  213,  P.  A.   1903.] 


.  The  People  of  tin  NM/r  t,f  Michigan 

i  L'Tl  i  £  risli*.  SKCTIO.N  1.  The  regents  of  the  university  of  Regents 
M  chi»-an.  through  the  faculty  of  the  school  of  education  may  !','"?! Stel 
^;aiii  to  every  person  receiving  a  bachelor's,  master's  or 
d<  dor's  decree,  a  certificate  which  shall  serve  as  a  legal  cer- 
ti  icale  of  qualification  to  teach  in  any  of  the  schools  of  this 
st  He,  when  a  copy  thereof  shall  have  been  filed  or  recorded  in 
the  ollices  of  the  legal  examining  otlicer -or  ollicers  of  the  county, 
1<  wnship.  city  or  district  where  such  person  expects  to  teach. 
S  ich  certificate  shall  n«.l  be  liable  to  be  annulled  except  by  t  he  Annulment, 
Sfid  board  of  regents;  but  its  efl'ed  may  be  susjM'iided  in  any''1 
c<  iinty,  township,  city  or  district  and  the  holder  thereof  may 
In-  stricken  from  the  li>i  of  qualified  teachers  in  such  county, 
t(  wnship.  city  or  district  by  the  legal  examining  officer  or 
officers  of  the  said  county,  township,  city  or  district  for  anv 
cause  and  in  the  same  manner  that  such  examining  otticer  or 
ollicers  may  be  by  law  authorized  to  revoke  certificates  granted 
b ,  himself  or  themselves,  and  such  suspension  shall  continue 
ii  force  until  revoked  by  the  authority  suspending:  I'ro- 
v  ded.  That  the  said  board  of  regents  may  recognize  an  I  i»ive 
cedit  for  work  done  in  other  educational  institutions  in  the 
Mice  and  art  of  teaching,  if  said  woik  is  e<jiiivaleut  to  the 
done  in  the  university  of  Michigan. 

1:11:1 

•J    iT|M-:iN    Art    Ml.    I'.    A.    f891, 


rr 


114 


STATE  OF  MICHIGAN. 


Certificates 
without 
examination, 
to  whom 
granted. 


Special 
courses, 
approval  of. 


Life 
certificates. 


Limited  term 
certificate. 


An  Act  to  authorize  the  state  board  of  education  to  grant  teachers' 
certificates  in  certain  cases. 

[Act   1(36,   P.   A.   18913.] 

The  People  of  the  State  of  Michigan  enact: 

•  (272)  §  5814.  SECTION  1.  The  state  board  of  education 
is  hereby  empowered  to  grant  teachers'  certificates  without 
examination  to  any  person  who  has  received  a  bachelor's, 
master's  or  doctor's  degree  from  any  college  having  a  course 
of  study  actually  taught  in  such  college  of  not  less  than  four 
years  in  addition  to  the  preparatory  work  necessary  for  ad- 
mission to  the  university  of  Michigan,  and  in  addition  to  or  as 
a  part  of  such  work  a  course  in  the  science  and  art  of  teaching 
of  at  least  one  college  year  of  five  and  a  half  hours  per  week, 
and  in  connection  with  this  special  course  each  student  shall 
have  had  opportunity  for  observation  of  the  actual  work  done 
in  the  grades  of  and  high  schools  of  the  public  schools.  The 
special  course  of  study  herein  prescribed  shall  have  been  ap- 
proved by  the  state  board  of  education  before  any  graduate  of 
such  institution  shall  receive  a  teachers'  certificate,  and  before 
any  certificate  shall  be  issued  to  any  person  the  faculty  of 
such  college  shall  give  to  the  state  board  of  education  its 
recommendation  for  each  student,  stating  that  in  the  judg- 
.ment  of  the  faculty  the  applicant  is  entitled  to  receive  such 
certificate  and  that  the  applicant  has  taken  the  prescribed 
course  in  the  science  and  art  of  teaching  and  observation  of 
public  school  work.  Each  person  making  application  to  the 
state  board  of  education  for  a  teachers'  certificate  under  the 
provisions  of  this  act  shall  be  thoroughly  examined  by  the 
faculty  of  the  college  and  shall  be  entitled  to  a  diploma  from 
such  college.  The  character  of  the  examination  shall  be  such 
as  to  show  the  qualification  and  fitness  of  the  person  for 
teaching.  If  the  person .  making  application  for  such  certifi- 
cate shall  furnish  to  the  said  state  board  of  education  satis- 
factory proof  of  having  taught  successfully  for  three  years 
prior  to  graduation  from  said  college,  said  certificate  shall 
be  a  life  certificate,  but  if  such  proof  is  not  furnished  said 
board,  then  the  certificate  granted  shall  be  for  four  years 
only  and  a  life  certificate  may  at  any  time  thereafter  be  issued 
by  said  board  upon  the  filing  with  the  said  board  of  satisfact- 
ory proof  that  the  applicant  has  taught  successfully  for  three 
years.  Such  certificate  shall  entitle  the  holder  to  teach  in 
any  of  the  public  schools  of  this  state  without  examination, 
provided  a  copy  of  said  certificate  shall  have  been  filed  or 
recorded  in  the  office  of  the  legal  examining  officer  or  officers 
of  the  county  or  city  in  which  such  person  is  to  teach,  and 
such  certificate  shall  be  revoked  only  by  the  state  board  of 
education  and  by  said  board  only  for  cause  after  a  personal 
hearing  of  the  case. 

Am.   1917,  Act  13. 


GENERAL  SCHOOL  LAWS.  115 


(273)  §  5815.     SEC.  2.     It  shall  be  the  duty  of  the  said 
a  rd  of  education  to  carefully  examine  any  course  of  study 

the  science  and  art  of  teaching  that  may  be  submitted  to  it 
the  trustees  of  any  college,  and,  if  satisfactory,  to  furnish 
s  ch  trustees  with  a  written  certificate  approving  the  same. 

(274)  §  5816.     SEC.  «>.     If,  at  any  time,  the  said  board  of 

e<  ucation  shall  conclude  that  any  college,  the  graduates  of  duty  or 
\\  iich  may  desire  to  receive  such  certificate,  is  not  giving  such  boanl 
it  struct  ion    in   the   science  and   art   of   teaching  and    in    the 

0  her  branches  as  shall  be  approved  by  said  board,  then  said 
b  >ard  shall  -so  determine  by  a  formal  resolution,  and  shall 
j:  ve  notice  thereof  to  the  trustees  of  such  college,  and  there- 
a  'ler  no  teachers'  certificates  shall  be  given  by  said  board  to 
t  ie  graduates  of  such  college  until  said  board  shall  be  satis- 

1  IM!  that  proper  instruction  in  the.  science  and  art  of  teaching 
juid  in  [the]  other  branches  is  given  by  such  college,  and  shall 

-rtify  such  fact  to  the  trustees  of  such  college. 


Act  to  authorize  the  state  board  of  agriculture  to  grant  teachers' 
certificates  in  certain  cases. 

[Act  165,  P.  A.  1909.] 

The  People  of  the  State  of  Michigan  enact: 

(275)  §  5817.    SECTION  1.    The  state  board  of  agriculture, 
recommendation  of  the  president  and  heads  of  departments  granting  of, 
the  Michigan  agricultural  college,  is  hereby  authorized  to  duratlon- 

grant  to  persons  who  have  completed  the  regular  four-year 
course  in  agriculture,  together  with  a  course  in  pedagogics 
covering  at  least  a  half  year's  special  instruction  in  such 
subject,  a  teacher's  certificate,  which  shall  serve  as  a  legal 
qualification  to  teach  agriculture  and  the  related  sciences  in 
my  of  the  public  schools  of  this  state  for  the  period  of  three 
vears. 

(276)  §  5818.     SEC.  2.    Before  the  certificate  herein  men-  Recording 
tioued  shall  be  valid  in  any  county  or  city,  the  holder  thereof  vali 
shall    record    ihe   same   in   the  oflice  of   the  legal   examining 
ollicer  of   the  county  or  city  where  such  person  expects  to 
teach.     Such   certificate  shall   not  be  liable  to  be  annulled, 
except   by   the  said   state  board  for  any  cause  which  would 

have  justified  the  board  in  withholding  such  certificate. 

i-77)      $  .~»si!).    SKC.  :i.    The  secretary  of  the  Michigan  agri-  Record  of, 
Itural  college  shall   keep   a    record   of  all   teachers'  certifi- 
tes  so  granted  by  said  state  board  of  agriculture  and  shall 
rnish    the    superintendent    of    public    instruction    annually 

wiih  a  copy  of  such  list. 


I 


I 


116 


STATE  OF  MICHIGAN. 


Who  may 
not  teach. 


State 
institutions. 


Proviso. 


Further 
proviso. 


An  Act  to  prohibit  the  granting  of  teachers'  certificates  to  other  than 
citizens  of  the   United   States. 

[Act  220,  P.  A.  1919.] 

The  People  of  the  State  of  Michigan  enact: 

(278)  SECTION  1.  No  certificate  qualifying  a  person  to 
teach  in  the  public  schools  of  this  state  shall  be  granted  to  any 
person  who  is  not  a  citizen  of  the  United  States  or  who  has 
not  declared  his  intention  of  becoming  a  citizen.-  Any  cer- 
tificate granted  in  contravention  of  the  provisions  of  this  act 
shall  be  void.  Also  it  shall  be  unlawful  for  the  board  of  con- 
trol having  in  charge  any  state  institution  of  learning  to 
employ  therein  regularly  as  a  teacher  or  in  any  other  capacity 
any  person  who  is  not  a  citizen  of  the  United  States:  Pro- 
vided, however,  That  this  requirement  shall  not  apply  to  per- 
sons who  are  thus  actively  employed  when  this  act  takes 
effect:  Provided  further,  That  this  requirement  shall  not  be 
construed  as  prohibiting  such  boards  of  control  from  employ- 
ing for  limited  periods  instructors  or  lecturers  who  are  citi- 
zens of  foreign  countries. 


SUPERVISION  OF  PRIVATE,  ETC.,  SCHOOLS. 


Assistants, 
may  employ. 


An  Act  to  provide  for  tne  supervision  of  private,  denominational  and 
parochial  schools;  to  provide  the  manner  of  securing  funds  in  pay- 
ment of  the  expense  of  such  supervision;  to  provide  the  qualifica- 
tions of  the  teachers  in  such  schools;  and  to  provide  for  the  en- 
dorsement of  the  provisions  hereof. 

[Act  302,  P.  A.  1921.] 

The  People  of  the  State  of  .Michigan  enact: 
Private,  etc.,         (279)     SECTION  1.     The  superintendent  of  public  instruc- 

scnoois,  supsr-     •••.«••«  ••  /*      -11    j  i  •  • 

vision  of.  1 1011  is  hereby  given  supervision  of  all  the  private,  denomina- 
tional and  parochial  schools  of  this  state  in  such  matters  and 
manner  as  is  hereinafter  provided.  He  shall  employ  such 
assistants  and  employes  as  may  be  necessary  to  comply  with 
the  provisions  hereof  and  fix  the  compensation  thereof;  the 
number  of  assistants  and  employes  and  the  compensation  pay- 
able thereto  being  subject  to  the  approval  of  the  state  admin- 
islrative  board.  Such  'salaries •  iaiid  expenses  shall  ibe  paid  by 
the  treasurer  of  the  state  of  Michigan  upon  the  warrant  of  the 
auditor  general  from  the  fund  as  herein  designated,  at  such 
time  and  in  such  manner  as  other  state  officers  and  employes 
are  paid.  The  superintendent  of  public  instruction  shall  have 
the  authority  to  remove  any  appointee  under  this  act  at  any 
time  that  he  may  deem  such  removal  advisable.  It  is  the 
intent  of  this  act  that  the  sanitary  conditions  of  such  schools, 
the  courses  of  study  therein,  and  the  qualifications  of  the 


Removal. 


Intent 
of  act. 


GENERAL  SCHOOL  LAWS.  117 

chops  thoponf  shall  l»o  of  tlio  same  standard  as  provided  by 

•.  general   school   ];i\vs  of   tho  slate. 

'280 1  Si:r.  i».  A  private,  denominational  op  parochial 
8(  lool  within  tho  moaning  of  this  act  shall  be  any  school  Other  d 
II  in  a  pnhlir  school  giving  instruction  to  children  below  tho 
of  sixteen  years  iii  I'.c  t'rsi  ei>gh4  gia  !es  as  j»io\id<d  Poi 
public  schools  of  tho  stale,  such  school  not  being  under 
exclusive  supervision  and  control  of  the  officials  having 
cl  ;irge  of  the  public  schools  of  the  state. 

il'Sli      Si:r.  :}.     No  person   shall    teach    or  give   instruction  Teachets, 
ii    any  of  the  regular  or  elonioniary  grade  studies  in  any  pri-  !'ti-lllf       ms' 
v.  to,    denominational    or   parochial    school    within    this    state 
\\  10  does  not  hold  a  certificate  such  a^  would  qualify  him  or 
h   P  to  teach  in  like  grades  of  the  public  schools  of  the  state: 
I1  -ovided,   however,  That  any   person   who   shall   have  taught  Proviso. 
ii    any  elementary  school  or  schools  of  the  standard  spocilie  1 
ii    this  aci    for  a  period  of  ton  years  or  more  preceding  the 
p  issago  of  this  aci,  shall,  upon  tiling  proof  of  service  with  the 
s  iperintendent  of  public  instruction,  bo  entitled   to  a   certiti- 
c.  te  by  said  superintendent  of  public  instruction  in  such  form 
;i  -  he  shall  prescribe,  to  teach  in  any  of  the  said  schools  within 
tl.e  state:    Provided    further.    That    teaching   in    such    schools  Further 
s  tall   be  equivalent  to  teaching   in    the  public  schools   for  all  provlsf 
p  irposes   in   obtaining  a  certificate:    Provided    furiher.    That  I'.irtju-r 
t.'ie  teachers  affected  by  this  act  may  take  any  examination  as  proviso- 
n  >\v   provided   by   law   and    that    the  superintendent    of  public 
instruction  may  direct  such  other  examinations  at  such  time 
and  place  as  he  may  see  fit.    In  all  such  examinations  two  sets  Kxamina- 
of  questions  shall  be  prepared  in  subjects  ordinarily  written*1 
on   Saturday,  one  of  which  sets  shall 'be  available  for  use  on 
Wednesday    by    applicants    who    observe    Saturday    as    their 
>ahbath:     Provided    further,     That    any    certificate    issue  1  Kunju-r 
i  nder  or  by  virtue  of  this  act  shall  be  valid  in  any  county  in  '" 
this  stale  for  the  purpose  of  teaching  in  the  schools  operated 
i  nder  this  act:   Provided  further.    That  any  person  holding  a  Further 
certificate  issued   by   the  authorities  of  any   recogni/ed   or  ac-  proviso- 
•  reditod  normal  school,  college  or  university  of 'this  or  other 
ftato  shall  be  entitled  to  certification  as  now  provided  by  law  : 
Provided,   however.    That    teachers   employe.!    in    such    pri vat e.  Proviso. 

denominational  or  parochial  schools  when  this  act  takes  effect 

.-hall  have  until  September  lirst,  nineteen  hundred  twenty-five, 
io  obtain  a  legal  certilieate  as  herein  provided. 

i  I'M' i      Sr.r.    1.      In   event    of   any   violation    of   this   act    the  Failure 
Miperintendeut  of   public    instruction    shall    serve    the   person,  " 

leixins,  corporation,  association   or  other  agencies  who  oper- 
ate, maintain  and  conduct   a  private,  denominational  or  paro- 

•hial  school  within  the  meaning  of  this  act   with  a  noiieo,  time 

ind  place  of  hearing,  such  hearing  to  take  place  within  fifteen  u«-;iri.^. 

lays  after   the  date  of  said    notice  ;:nd    at    a    place  located    in  w 

iveniently    near    the   county    where   such    violation    look 
place,   accompanied    by   a    copy   of    the  complaint    stating   the 


118 


STATE  OF  MICHIGAN. 


Proviso. 


Order  to 
comply. 


Proviso. 


May  close 
school. 


Compulsory 
attendance. 


May  inves- 
tigate, etc. 


Appropria- 
tion. 


substance  of  said  violation :  Provided,  That  no  person'  shall 
be  called  to  attend  any  such  hearing  on  any  day  observed  by 
him  as  the  Sabbath.  If  at  such  hearing  the  superintendent  of 
public  instruction  shall  find  that  the  violation  complained 
of  has  been  established  he  shall  then  serve  said  person,  per- 
sons, corporation,  association  or  other  agencies  with  an  order 
to  comply  with  the  requirements  of  this  act  found  to- have  been 
violated  within  a  reasonable  time  not  to  exceed  sixty  days 
from  the  date  of  such  order:  Provided,  That  in  the  event  that 
such  order  refers  to  sanitary  conditions  that  the  said  person, 
persons,  corporation,  association  or  other  agencies  shall  have 
six  months  in  which  to  remedy  the  defect.  If  the  order  of 
the  superintendent  of  public  instruction  as  specified  in  said 
notice  shall  not  have  been  obeyed  within  the  time  specified 
herein  said  superintendent  of  public  instruction  may  close 
said  school  and  prohibit  the  said  person,  persons,  corporation, 
association  or  other  agencies  operating  or  maintaining  such 
private,  denominational  or  parochial  school  from  maintain- 
ing said  school  or  from  exercising  any  of  the  functions  here- 
under  until  said  order  of  the  superintendent  of  public  in- 
struction has  been  complied  with.  The  children  attending  a 
private,  denominational  or  parochial  school  refusing  to  com 
ply  with  the  requirements  hereof  after  proceedings  herein 
set  forth  shall  be  compelled  to  attend  the  public  schools  or 
approved  private,  denominational  or  parochial  school  under 
the  provisions  of  the  compulsory  education  act,  the  same  being 
act  number  two  hundred  of  the  public  acts  of  nineteen  hun- 
dred five,  as  amended.  And  it  shall  be  the  duty  of  the  person 
or  persons  having  charge  of  the  enforcement  of  the  said 
compulsory  education  act,  upon  notice  from  the  superintend- 
ent of  public  instruction  that  said  private,  denominational  or 
parochial  school  has  not  complied  with  the  provisions  hereof, 
to  compel  the  attendance  of  the  children  of  said  school  or 
schools  at  the  public  schools  or  approved  private,  denomina- 
tional or  parochial  school. 

(283)  SEC.  5.    The  superintendent  of  public  instruction  by 
himself,  his  assistants,  or  any  duly  authorized  agent,  shall  have 
authority  at  any  time  to  investigate  and  examine  into  the 
conditions  of  any  school  operating  under  this  act  as  to  the 
matters  hereinbefore  set  forth  and  it  shall  be  the  duty  of  such 
school  to  admit  such  superintendent,  his  assistants  or  author- 
ized agents  and  to  submit  for  examination  its  sanitary  condi- 
tion, the  records  of  enrollment  of  pupils,  its  courses  of  studies 
as  set  forth  in  section  one  of  this  act  and  the  qualifications 
of  its  teachers.    Any  refusal  to  comply  with  provisions  herein 
on  the  part  of  such  school  or  teacher  shall  be  considered  suffi- 
cient cause  to  suspend  the  operation  of  said  school  after  pro- 
ceedings taken  as  stated  in  section  four  of  this  act. 

(284)  SEC.  6.     There  is  hereby  appropriated  out  of  the 
general  fund  in  the  state  treasury  for  each  of  the  fiscal  years 
ending  June  thirty,  nineteen  hundred  twenty-two,  and  ending 


GENERAL  SCHOOL  LAWS.  119 

Jin  e  thirty,  nineteen  hundred  twenty-three,  the  sum  of  six 
tho  isand  dollars  to  carry  out  the  provisions  of  this  act.  The 
am  itor  general  shall  add  to  and  incorporate  in  the  state  tax 
for  each  of  the  years  nineteen  hundred  twenty-one,  and  nine 
tee  hundred  twenty  two,  the  sum  of  six  thousand  dollars, 
wh  ch  when  collected  shall  be  credited  to  the  general  fund  1o 
reii  iburse  the  same  for  the  moneys  hereby  appropriated. 

i  285)  SEC.  7.  Nothing  in  this  act  contained  shall  be  con- 
str  led  so  as  to  permit  any  parochial,  denominational,  or  pri- 
vai  ?  school  to  participate  in  the  distribution  of  the  primary 
scl  )ol  fund. 


. 


CC  UNTY  COMMISSIONERS  AND  SCHOOL  EXAMINERS. 

An  Act  to  provide  for  the  election  of  a  county  commissioner  of  schools, 
f  >r  the  appointment  of  school  examiners,  [and]  to  define"  the  duties 
i  ad  fix  the  compensation  for  the  same,  and  to  repeal  all  existing 
i  cts  or  parts  of  acts  conflicting  with  the  provisions  of  this  act. 

[Act   147,   P.    A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 
286)     §  5877.    SECTION  1.    At  each  annual  meeting  of  the  Examiner, 


several  boards  of  supervisors  of  the  different  counties  of  the 
shte,  the  said  several  boards  of  supervisors  shall  appoint 
one  examiner  who  shall  hold  his  office  for  a  period  of  two 
yeirs  from  and  after  the  first  day  of  January  following  his 
or  her  election,  or  until  his  successor  shall  have  been  ap- 
pointed and  qualified,  and  said  examiner,  together  with  the 
commissioners  of  schools,  shall  constitute  a  board  of  school 
ex  i  n  liners.  Any  person  shall  be  eligible  to  the  office  of  exam-  Eligibility. 
in  ir  who  shall  hold  at  least  a  second  grade  certificate,  and 
has  taught  in  the  public  schools  at  least  nine  months,  or  who 
has  the  qualifications  required  of  commissioner  in  section 
three  of  this  act,  except  an  experience  of  twelve  months  as 
teicher.  In  case  a  vacancy  shall  occur  at  any  time  in  the  vacancy. 
of  ice  of  school  examiner,  the  judge  of  probate,  together  with 
the  board  of  school  examiners  of  the  county  in  which  such 
vrcancy  shall  have  occurred,  shall,  within  ten  days  after  the 
occurrence  of  such  vacancy,  appoint  some  suitable  person  to 
fi  1  such  vacancy.  And  the  person  so  appointed  shall  hold  the 
olfice  for  the  unexpired  portion  of  the  term,  or  until  his  or 
her  successor  is  appointed  and  has  qualified.  Within  ten  days  oath,  where 
a  'ter  such  commissioners  or  examiners  shall  have  receive!1 
legal  notice  of  his  or  her  election,  he  or  she  shall  take  and 
subscribe  the  constitutional  oath  of  office,  and  the  same  shall 
1»  '  tiled  with  the  county  clerk.  The  said  county  commissioner  Bond,  where 
so  appointed,  shall  execute  a  bond  with  two  snllicient  sureties 
to  be  approved  by  and  filed  with  the  county  clerk,  in  the 
al  sum  of  one  thousand  dollars,  conditioned  that  he  or 


120 


STATE   OF  MICHIGAN. 


she  shall  faithfully  discharge  the  duties  of  his  or  her  office 
according  to  law,  and  to  faithfully  account  for  and  pay  over 
to  the  proper  persons  all  moneys  which  may  come  into  his  or 
her  hands  by  reason  of  his  or  her  holding  such  office;  and 
thereupon  the  county  clerk  shall  report  the  name  and  post- 
office  address  of  such  county  commissioner  to  the  state  super- 
intendent of  public  instruction. 

This  act  supersedes  chap.  12  of  Act  104  of  IS'Sl.  As  to  tho  election  of 
school  examiner  under  that  law,  as  amended  by  Act  1M>6  of  USSTS  see  Conrad 
v.  Stone,  78/6'3'5. 

ELECTION  OP  EXAMINERS  :  The  appointment  by  a  board  of  supervi- 
sors of  a  member  of  the  beard  of  examiners  is  the  transaction  of  ordinary  busi- 
ness for  which  a  majority  of  a  quorum  is  sufficient,  and  tne  appointee  is  not 
re'quii>ed  to  receive  the  votes  of  a  majority  of  all  the  members'  elected. — 
Howland  v.  Prentice,  'H43|/347. 


Election  of 
county  com- 
missioner of 
schools. 


File  oath 
and  bond. 


Proviso,  as 
to  Chippewa 
county. 


(287)  §  5878.  SEC.  2.  There  shall  be  elected  at  the  elec- 
tion held  on  the  first  Monday  in  April,  nineteen  hundred 
three,  and  every  fourth  year  thereafter,  in  eacli  county,  one 
commissiotner  of  schools,  whose  term  of  office  shall  commence 
on  the  first  day  of  July,  next  following  his  or  her  election,  and 
who  shall  continue  in  office  four  years,  or  until  his  or  her 
successor  shall  be  elected  and  qualified.  The  county  commis- 
sioner of  schools  elected  under  the  provisions  of  ihis  sec- 
tion shall  file  with  the  county  clerk  for  the  county  for  which 
he  or  she  is  elected,  his  or  her  oath  of  office  and  bond,  the 
same  as  provided  in  section  one  of  this  act,  and  the  county 
clerk  shall  make  the  same  report  to  the  superintendent  of 
public  instruction  in  all  respects  as  provided  in  section  one 
of  this  act:  Provided,  That  in  the  county  of  Chippewa  the 
commissioner  of  schools  heretofore  elected  on  the  first  Monday 
in  April,  nineteen  hundred  three,  shall  hold  office  until  the 
first  day  of  January,  nineteen  hundred  nine,  or  until  his 
successor  shall  be  elected  and  qualified.  Hereafter  in  the 
said  county  of  Chippewa,  a  commissioner  of  schools  shall  be 
elected  at  the  general  election  to  be  held  in  November,  nine- 
teen hundred  eight,  and  every  fourth  year  thereafter,  whose 
term  of  office  shall  commence  on  the  first  day  of  January  next 
following  his  or  her  election :  Provided,  That  in  the  county  of 
Lake  the  commissioner  of  schools  heretofore  elected  on  the 
first  Monday  in  April,  nineteen  hundred  seven,  shall  hold 
office  until  the  first  day  of  January,  nineteen  hundred  eleven, 
or  until  his  successor  shall  be  elected  and  qualified.  Hereafter 
in  the  said  county  of  Lake,  a  commissioner  of  schools  shall  be 
elected  at  the  general  election  to  be  held  in  nineteen  hundred 
ten  and  every  fourth  year  thereafter,  whose  term  j-.'liall  com- 
mence on  the  first  day  of  January  next  following  his  or  her 
election. 

Note. — See  section  11.  chapter  2,,  Act  "Ofi.  P.  A.  I'D  1.7.  as  amend,  d  by  Act 
2,  1*.  A.  liJli),  as  to  tin1  election  of  county  commissioner  ol  schools. 

Eligibility.  (288)     §  5871).    SEC.  3.    Persons  eligible  to  hold  the  office  of 

commissioner  of  schools  must  possess  the  following  qualifi- 
cations: 


Proviso, 
as  to  Lake 
county. 


GENERAL  SCHOOL  LAWS.  121 

(  )  Twelve  months  experience  as  a  teacher  in  the  public 
sell-  ols  of  this  slaie; 

(  .)      Must    lie    a    graduate    of    llie    literary    department    of 
son   '    reputable    college,    nniversily.    or    stale    normal    school 
\\i\\   ng  a   course  of  al    leasj    three  years:    Provided,    That    the  Proviso,^ 
hoi    er  of  a   state  teacher's  cert  ilicate.  or  of  an    indorsed   lirst  certificate. 
gra  le  cert  ilicate,  or  of  a   certificate  granted   in  another  state 
a n<     indorsed    hy    the   slaie   hoard   of   education    of   this   state, 
>  Shu  1  he  eligible  in  any  county:    Provided   further,    That  per- Further 
soi   ;  who  now  hold  the  ollice  of  eominissioner  of  schools  shall  pl 
he    'ligihle    to    succeed    themselves:     Provided    further,    That  Further 
in     oiinties  employing  less   than   lifty  teachers  a  person  hold-1 
in«j  at  the  time  of  his  or  her  election  a  second  grade  certificate 
sh;  II    he   eligible   in   the   county    where    such   certificate  was 
gr.  nted,  unless  a  pel-son  qualilied  as  heretofore  provided  can- 
no     he  secured    (n    till    the  position. 

•  !UALlFI«-.\ Tluxs  OK  <  '<  I.M M  l SSK  >.\i:u  :  A  high  school  is  not  a  college 
\vit  in  the  meaning  ui'  tliis  section.  A  special  first  grade  certificate  not 
gra'  ti-il  at.  one  of  the  regular  puhlie  examinations  provided  for  hy  law.  or 
nii«-  granted  without  any  examination,  or  one  granted  upon  public  examina- 
tloi  afti-r  diction  as  e<immis>ion.-r.  does  not  (|iialify.  Holding  the  office  of 

Lary  of  the  hoard  of  examiners  under  Act  Hoii  of  I8S7  (amendatory  of 
eh;i  .  1 u  of  the  primary  school  law,  now  superseded)  is  not  a  qualification. — 

e  v.  Howlett.  !»4  10.").  The  legislative  intent  is  to  keep  up  the  standard 
of  i  ^idlers  hy  re.quiring  certain  educational  (|iialificat ions  in  the  persons  whose 
din  it  is  to  examine  the  teachers  and  di-termine  their  litness  for  their  work. — 

'••  v.  Ilowlett,  '.M  1C,!).  In  the  ease  of  Attorney  (leneral  v.  Lewis,  I'ol/ 
,  81,  it  was  held  that  persons  elected  to  the  office  of  commissioner,  and,  holding 
i  h'-  same  after  the  amendment  <•!'  1  MI.".,  are  eligible,  since  the  statute  is  still 
the  act  of  1891  notwithstanding  its  amendments. 

289)      v    ."»vsn.     SEC.  4.     The  board  of  school  examiners  TWO  regular 

.     .  „,       examinations 

shall,  for  the  purpose  ol  examining  all  persons  who  may  off  er  each  year. 
themselves  as  teachers  for  the  public  schools,  hold  two  regular 
[public  examinations  in  each  year  at  the  county  seat,  which 
ex  iminat  ions  shall  begin  on  t  he  last  Thursday  of  April  and  the 
second  Thursday  of  August  of  each  year.  From  these  two 
ex  iminations  certilicates  of  all  grades  may  be  granted.  It 
sh  ill  he  the  duty  of  the  county  commissioner  to  make  out  a 
si-  icdule  of  the  times  and  places  of  holding  such  examinations 
and  to  cause  it  to  he  published  in  one  or  more  newspapers  of 

«•  county  at   least    ten  days  before  each  examination. 
v.    Row*  M.   '.'I    170. 
iL'IMh      $    r.ssl.      Si:c.    T>.      The   board    of   school    examiners  Certificates, 
all   meet   on   the  Saturday  of  the  week  following  each  public  u 
e.Naminat  ion  held  according  to  the  provisions  of  sect  ion  four  of 
Itlis  act.  and  shall  grant   eertilirates  to  teachers  in  such  form 
a.-    the  superintendent   of  public   instruction   shall  prescribe, 
li'-ensing  as   teachers   all    persons    who   have  attained  the  age 
ol    eighteen   years,    who   have   attended    such    public   examina- 
li  MIS  and  who  shall  be  found  qualilied  in  respect  to  good  moral 
character,  learning  and  ability  to  instruct  and  govern  a  school, 
h  it    no   certilicate  shall    he  granted    to   any   person    who   shall 
n<)t  have  passed   a    satisfactory   examination    in   orthography, 
•ading.  writing,  grammar,  geography,  arithmetic,  theory  and 


122 


STATE  OF  MICHIGAN. 


Proviso. 


Proviso. 


art  of  teaching,  United  States  history,  civil  government, 
physiology  and  hygiene  with  reference  to  the  effect  of  alcoholic 
drinks  and  narcotics  upon  the  human  system,  school  law,  agri- 
culture, and  the  course  of  study  for  the  district  schools  of 
Michigan  prepared  by  the  superintendent  of  public  instruc- 
tion: Provided,  That  no  certificate  shall  be  granted  under 
the  provisions  of  this  act  to  ^auy  person  who  shall  not  have 
completed  a  term  of  at  least  six  weeks'  work  in  professional 
training  in  a  state  normal  school  or  in  one  of  the  county 
normal  training  classes  of  the  state  or  any  normal  training 
school  conducted  by  any  municipality  in  the  state,  or  in  any 
school  approved  by  the  state  superintendent  of  public  in- 
struction; but  the  completion  of  one-half  year  of  work  in  a 
school  maintaining  four  years'  of  work  above  high  school  rank 
shall  be  accepted  in  lieu  of  this  requirement.  This  proviso, 
however,  ishiall  not  apply  to  persons  who  have  taught  in  tflie 
schools  of  the  state  for  at  least  five  months  .prior  to  July  one, 
nineteen  hundred  sixteen :  Provided,  That  no  certificate  shall 
be  granted  under  the  provisions  of  this  act  after  September 
first,  nineteen  hundred  twenty-five,  to  any  person  who  shall 
not  have  completed  one  year's  work  in  professional  training 
in  a  state  normal  school,  or  in  one  of  the  county  normal  train- 
ing classes  of  the  state,  or  any  normal  training  school  con- 
ducted by  any  municipality  in  the  state,  or  in  any  school  ap- 
proved by  the  superintendent  of  public  instruction,  above  an 
approved  four  year  high  school  course,  in  any  school  specified 
herein  for  one  year  of  professional  training :  Provided  further, 
That  any  commissioner  may,  upon  the  request  of  any  holder 
oif  a  second  or  third  grade  certificate,  send  the  papers  wiutten 
by  such  person,  properly  certified  and  under  seal,  to  the 
county  board  of  school  examiners  of  any  other  county  for  its 
examination,  and  such  board  of  school  examiners  may  in  its 
discretion,  receive  such  papers  and  if  it  accept  them  shall 
treat  them  in  the  same  manner  as  if  written  at  a  public  ex- 
amination in  its  own  county:  Provided  further,  That  the 
board  of  examiners  shall  have  the  right  to  renew  a  second  or 
third  grade  certificate  without  examination  of  any  person  who 
shall  have  previously  attained  an  average  standing  of  at  least 
eighty-five  per  cent  in  all  the  studies  covered  in  two  or  more 
previous  examinations,  and  who  shall  have  been  since  such 
last  named  examination  continuously  and  successfully  teach 
ing  in  the  public  schools,  but  no  renewal  of  a  second  or  third 
grade  certificate  shall  be  granted  after  September  first,  nine 
teen  hundred  twenty-five,  to  any  person  who  shall  not  have 
completed  a  term  or  terms  of  at  least  twelve  weeks'  profes- 
sional training,  in  such  school  or  schools  as  designated  for 
six  weeks'  professional  training  specified  in  this  section,  since 
the  last  certificate  was  issued  to  said  person  either  by  renewal 
or  upon  examination  :  Provided  further,  That  an  indorsed  first 
grade  certificate  may  be  renewed  in  the  county  Avhere  issued 
or  in  the  county  where  the  holder  may  be  teaching  at  the 


Further 
proviso. 


Further  pro- 
viso, second 
or  third 


ificate. 


Further 
proviso. 


GENERAL  SCHOOL  LAWS.  123 

,timj  of  its  expiration,  without  examination,  if  the  applicant 
for  such  renewal  shall  have  previously  attained  an  average 
sta  iding  of  at  least  eighty-five  per  cent  in  all  studies  covered 
in  wo  or  more  previous  examinations,  and  shall  have  been 
sin  e  such  last  named  examination  continuously  and  success- 
ful y  teaching  in  the  public  schools,  but  no  renewal  of  a  first 
gm  le  certificate  shall  be  granted  after  September  first,  nine- 
tee  i  hundred  twenty-five,  to  any  person  who  shall  not  have 
coi  ipleted  a  term  or  terms  of  at  least  eighteen  weeks  of  pro- 
fes  donal  training,  in  such  school  or  schools  as  designated  for 
six  weeks'  professional  training  specified  in  this  section,  since 
the  last  certificate  was  issued  to  said  person  either  by  renewal 
or  upon  examination :  Provided  further,  That  in  granting 
rei  ewal-s  under  this  act,  attendance  at  a  reputable  university, 
co^  lege,  or  normal  school  during  the  regular  school  year  shall 
be  counted  in  lieu  of  teaching  for  the  same  period :  Provided 
fu  ther,  That  any  teacher  who  has  completed  two  years  of 
pr  Sessional  training  shall  not  be  required  to  take  further 
pr  Sessional  training  to  secure  a  renewal  of  his  certificate; 
ab  o,  any  teacher  who  shall  furnish  proof  to  the  superintend- 
en :  of  public  instruction  of  five  years  of  successful  teaching 
previous  to  the  passage  of  this  act,  the  last  three  years  of 
wl  ich  have  been  continuous,  shall  be  granted  a  renewal  of  a1 
ce  'tificate  without  complying  with  the  requirements  for  pro- 
fessional training  herein  designated.  All  certificates  shall  be 
signed  by  the  county  commissioner  and  by  at  least  one  of  the 
members  of  the  board  of  examiners.  No  person  shall  be  con-  who  con- 
sidered a  qualified  teacher  within  the  meaning  of  this  act,  nor  feacher. 
shall  any  school  officer  employ  or  contract  with  any  person  to 
teich  in  any  of  the  public  schools  under  the  provisions  of  this 
act  who  has  not  a  certificate  in  force  granted  by  the  board  of 
school  examiners  or  other  lawful  authority.  All  examination  Questions, 
questions  shall  be  prepared  and  furnished  by  the  superintend- 
ent of  public  instruction  to  the  county  commissioner,  under 
s<al,  to  be  opened  in  the  presence  of  the  applicants  for  cer- 
ti  Unites  on  the  day  of  examination. 


Am.   1921,  Act  186. 

People  v.   Hewlett,   04/170;   O'Leary   v.    Sell.    Dist.,          .. 

A  contract  is  invalid,   unless   the  teacher,  at   tlu>   Him-  «>f   making   tin-   simr. 

:i  certificate  authorizing  her  to   tfiirli   during   tin-   term   rcm-ivd   by   the  con- 

t. — MoClosky   v.   School  Dist.   No.   5,   134,  I 


1(291)     §  5882.    SEC.  G.    There  shall  be  three  grades  of  cer- 
ficates  granted  by  the  board  of  school  examiners  in  its  <lis 
etion  and  subject  to  such  rules  and  regulations  as  the  super- 
endent   of  public  instruction  may  prescribe,  which  grades 
~    certificates  shall  be  as  follows:    The  certificate  of  the  first  First  gm.i,-. 
fde  shall  be  granted  only  to  those  who  have  taught  at  least 
year  with  ability  and  success,  and  it  shall  be  valid  through- 
the  state  for  four  years:   Provided,   That  all  examination  Proviso. 
>ers  for  first  grade  certificates  favorably  passed  upon  by 
board  of  examiners,  together  with  such  certificate,  shall 
forwarded  to  the  superintendent  of  public  instruction  with- 


124 


STATE   OF  MICHIGAN. 


Further 
proviso. 


Further  pro- 
viso, how 
validated  out- 
side county. 


Second  grade. 


Third  grade. 
Class  A. 


Class  B. 


When  cer- 
tificates 
expire. 


Special 
certificate. 


Proviso. 


in  ten  days  from  date  of  examination  for  inspection :  Provided 
further,  That  any  applicant  for  a  first  grade  certificate  who 
feels  that  the  county  board  of  school  examiners  has  not  given 
his  papers  the  credit  due  them,  may  order  them  sent  to  the 
state  superintendent  of  public  instruction  for  inspection;  and 
if  the  standings  given  by  the  state  superintendent  of  public 
instruction  are  sufficient  for  his  indorsement  of  the  certificate, 
the  county  board  of  school  examiners  shall  issue  such  certifi- 
cate, unless  it  shall  give  reasons  satisfactory  to  the  superin- 
tendent of  public  instruction  for  withholding  the  same:  And 
provided  further,  That  no  first  grade  certificate  shall  be  valid 
in  any  county  other  than  that  in  which  it  is  granted,  unless 
approved  and  countersigned  by  the  superintendent  of  public 
instruction  and  a  copy  filed  with  the  county  commissioner  in 
the  county  in  which  the  holder  of  said  certificate  desires  to 
teach.  The  certificate  of  the  second  grade  shall  be  granted 
only  to  those  who  shall  have  taught  at  least  seven  months  with 
ability  and  success,  and  it  shall  be  valid  throughout  the 
county  for  which  it  shall  be  granted  for  three  years,  and  such 
certificate  may  be  transferred  to  another  county  as  provided 
in  section  five  of  this  act.  The  certificates  of  the  third  grade 
shall  be  divided  into  two  classes  known  as  A  and  B.  Third 
grade  certificates  of  class  A  shall  be  granted  only  to  persons 
who  have  taught  successfully  and  continuously  for  at  least 
three  years  next  preceding  the  examination  in  primary  de- 
partments of  graded  schools,  and  the  certificate  of  this  class 
shall  entitle  the  holder  to  teach  in  primary  departments  of 
graded  schools  only.  Third  grade  certificates  of  class  B  skall 
license  the  holder  to  teach  in  any  school  of  the  county  in 
which  it  shall  be  granted  for  one  year,  and  such  certificate  may 
be  transferred  to  another  county  in  the  same  manner  that 
second  grade  certificates  are  transferred  in  section  five  of  this 
act;  but  no  more  than  three  certificates  of  this  class  shall  be 
granted  to  the  same  person.  Certificates  granted  under  the 
provisions  of  this  act  shall  expire  on  June  thirtieth;  those 
certificates  that  are  granted  on  the  examination  held  on  the 
last  Thursday  of  April  shall  expire  in  one  year,  three  years, 
or  four  years,  according  to  the  grade  of  the  certificate,  from 
June  thirtieth  following  the  April  examination;  those  that 
are  granted  on  the  examination  held  the  second  Thursday  of 
August  shall  expire  in  one  year,  three  years,  or  four  years, 
according  to  the  grade  of  the  certificate,  from  June  thirtieth 
immediately  preceding  the  August  examination.  A  special 
certificate  issued  by  the  county  commissioner  of  schools  shall 
expire  June  thirtieth  following  the  date  of  its  granting:  Pro- 
vided, That  there  shall  be  no  public  examination  conducted 
by  the  board  of  school  examiners  for  teachers  under  the  pro- 
visions of  this  act  after  the  teachers'  examination  held  on 
the  second  Thursday  of  August,  nineteen  hundred  twenty Jfive, 
unless  it  is  deemed  necessary  by  the  superintendent  of  public 
instruction  to  supply  teachers  for  the  schools  of  this  state,  in 


(1KNERAL  SCHOOL  LA1 


whi<  h  case  lie  may  require  the  county  school  examiners  to  con- 

due    teachers'  examinations  ami  jjrant  certificates  as  provided 

in    -iiis    act    previous    to    September    tirst.    nineteen    hundred 

t\ve    ty-tive.     After  September  lirst.  nineteen  hundred   twenty-  when  granted 

live    the  board  of  school  examiners  on  the  dates  specified  in  SSnattoiu" 

this  act  for  the  issuing  of  certificates,  and  on  such  other  dates 

as     ie  commissioner  shall  deem  advisable,  shall  grant  certifi- 

>  without   examination,  to  persons,  in  such  form  as  the 
sup  rintendent  of  public  instruction  shall  prescribe,  licensing 
as  i  'achers  all  pel-sous  who  have  attained  the  age  of  eighteen 
yea  s,  and   who  shall  be  found  qualified   in  respect  to  good 
mo  al  character,  learning  and  ability  to  instruct  and  govern  a 
sch  «ol.    Said  board  shall  grant  third  grade  certificates  to  those  Third  grade 
per  ons  who  shall  have  completed  a  minimum  of  one  year  of  ° 
pr<    essional   training;   said   board  shall  grant  second  grade  Second  grade 
cei   iiicates   to   those  persons   who   shall   have   completed   at  ^ 
lea  t  one  and  one-third  years  of  professional  training;  and  said  First  grade 
bo;  i-d  shall  grant  first  grade  certificates  to  those  persons  who  w 

l  ha\e  completed  at  least  one  and  two-thirds  years  of  pro- 
IV  s  ional  training  in  such  school  or  schools  as  designated  for 
six   weeks'   professional  training  in  section  five  of  this  act: 
Pn  vided   further.    That  until  September  first,  nineteen  nun-  Further 
dnil   twenty-five,  the  county  commissioner  shall  have  power,  pro 
upon  personal  examination  in  the  third  grade  branches  satis- 
I'adory  to  himself  or  herself,  to  grant  certificates  which  shall 
lif'iise  the  holder  thereof  to  teach  in  a  specified  district  for 
which  it  shall  be  granted,  and  in  no  case  shall  a  second  special 
tilicaie  be  granted  the  same  person  within  three  years. 

VIM.       I.I. 

'l-'Al  Tli'K'A  I  KS  :  A  e<  rt  ill.-;!  t  e  issued  to  one  who  has  not  taken  an  ox- 
lation  .-it  all  and  whose  Qualification  are  not  ascertained  upon  an  cxainina- 
.  is  imt  sii.  h  a  certiffcatc  as  the  law  provides  for.  —  People  v.  Howlett, 

TIM.     Tin-  action   of  the  board  of  examiners  in  refusing  a  certificate  can- 

In1  qii'-stiiiiird  by  th<"  rejected  applicant  in  a  suit  to  recover  wages'  she 
!«I  have  earned  under  her  contract  but  for  such  adverse  action.  —  Lee  v. 
Dist..  71  :;r,i.  A  -  -t-rt  iticate,  issued  for  three  years,  cannot  be  legally 
n«l.  <l  by  the  secretary,  by  being  changed  to  read  for  four  years,  after  the 

Ij.f  examiners  who  issued  it   have  gone  out  of  office.  —  Bryan  v.  (Sch.  Dist., 

LL   <  1:1:1  ii  irn  i:s  :     The   secretary   of  the  board    (under  the  old 

had    no    right-.    after   the    n  fusul   of   th«   board   to   grant   a   certificate,   to 
a   sped;,!  certificate  to  the  rejected  applicant.  —  Lee  v.    Sch.  Dist.,  71/361. 
of  a  special  certificate  is  to  bridge  over  the  time  between  the  com- 
•   of  a    school  and   the  next   meeting  of  the  examiners  and  such  a  cer- 
\    until   the  ii.  -xt    regular  examination.  —  Id.;  People  v.   BPow- 

::o. 


§  5883.    SEC.  7.    The  board  of  school  examiners  may 

spend   nr   revoke  any   teacher's  certificate  issued  by  them 
for  neglect  of  duty,  incompetency,  or  immorality,  or  for  any 
other  reason   which  would   have  just  i  lied  said  board  in  with- 
holding the  same  when  given,  and  said  board  may  suspend  the 
H  cri   i»t'  any  teacher's  certificate  granted  by  the  county  com- 
missioner of  schools  which  said  certificate  licenses  the  holder 
ttereof  to  teach   in   a   specified   district    for  which   it   shall  be 
granted.     Whenever  written  charges  accusing  any  teacher  of  Duty  <rf  n.m- 
ni'^leci    of  duty,   iiicouipeteiicy,  or   immorality   shall  be  filed  whendj 
with  the  county  comniissioiier  of  schools,  said  commissioner  preferred- 


126 


STATE  OF  MICHIGAN. 


Duty  of 
board  at 
hearing. 


shall  immediately  notify  said  accused  teacher  that  charges 
have  been  filed  against  him  and  shall  attach  to  such  notice 
a  certified  copy  of  said  charges  together  with  the  name  or 
names  of  the  person  or  persons  filing  the  same,  and  said  com- 
missioner may,  and  on  the  written  demand  of  the  accused 
teacher  shall,  within  twenty  days  after  the  filing  of  said 
charges,  call  a  meeting  of  the  board  of  school  examiners  of 
the  county  and  shall  summon  the  teacher,  against  whom 
charges  have  been  preferred,  and  also  summon  any  witnesses 
who  may  have  knowledge  of  the  facts,  to  appear  before  said 
board  of  examiners  on  the  date  mentioned  in  the  summons. 
Said  summons  shall  have  the  force  of  a  summons  or  subpoena 
at  law.  On  the  day  set  for  the  meeting  of  the  board  of  exam- 
iners, said  board  shall  proceed  to  hear  the  case.  The  chair- 
man of  said  board  shall  have  authority  to  administer  an  oath 
to  the  several  witnesses  and  examine  them  under  oath  if  he 
deems  it  advisable.  The  board  of  examiners  shall  proceed  to 
examine  the  party  charged  and  the  witnesses  for  and  against 
said  party,  and  if  it  shall  appear  that  the  charges  made  are 
true,  then  the  said  board  shall  have  authority  to  suspend  or 
revoke  the  certificate  of  the  accused:  Provided,  That  no  cer- 
tificate shall  be  suspended  or  revoked  without  a  personal 
hearing,  unless  the  holder  thereof  shall,  after  a  reasonable 
notice,  neglect  or  refuse  to  appear  before  the  said  board  for 
that  purpose:  And  provided  further,  That  any  person  sum- 
moned to  appear  before  the  board  of  exalniners  for  the  pur- 
poses mentioned  herein  and  who  shall  fail  to  appear  before 
said  board  on  the  day  specified  in  the  summons,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  in  any 
court  of  competent  jurisdiction,  shall  be  fined  a  sum  not  less 
than  five  dollars  nor  more  than  twenty-five  dollars,  or  by 
imprisonment  in  the  county  jail  for  not  more  than  twenty 
days  or  both  such  fine  and  imprisonment  in  the  discretion  of 
the  court.  The  county  commissioner  of  schools  in  any  county 
shall  have  authority  to  temporarily  suspend  the  force  of  any 
teacher's  certificate  when  from  his  personal  inspection  of  the 
work  of  -said  teacher,  or  from  his  personal  knowledge,  he  is 
satisfied  that  such  teacher  has  been  guilty  of  wilful  neglect 
of  duty  or  is  incompetent  to  instruct  or  govern  the  school,  or 
has  been  guilty  of  gross  immorality.  The  county  commissioner 
of  schools  shall,  upon  suspending  the  force  of  any  teacher's 
certificate,  immediately,  and  within  ten  days  thereafter,  call  a 
meeting  of  the  board  of  school  examiners  and  summon  said 
teacher  to  appear  before  said  board  to  show  cause  why  his  or 
her  certificate  should  not  be  indefinitely  suspended  or  re- 
voked :  Provided  further,  however,  That  it  shall  be  the  duty, 
of  the  board  of  school  examiners  to  file  in  the  office  of  the 
county  school  commissioner  its  decision  within  ten  days  after 
the  close  of  any  hearing  above  mentioned,  and  it  shall  be  the 
duty  of  the  county  school  commissioner  within  five  days 
after  the  filijig  of  said  decision  to  mail  a  copy  thereof  to  said 


Proviso. 


Proviso,  non- 
appearance. 


Temporary 
suspension  of 
certificate. 


To  summon 
teacher  be- 
fore board. 


Proviso, 

filing 

decision. 


tea*  her:    Provided  further,  however,    That  any   teacher  who 
feel  *  aggrieved  at  the  decision  of  the  county  board  of  school  probate 
exa  niners  may,  within  twenty  days  after  the  filing  of  such  " 
dor  sion,  take  an  appeal  to  the  probate  court  of  said  county, 
whi   is  hereby  authorized  to  hear  and  determine  said  cause. 

<  irver  v.   Sch.   Dist.,    113/524. 

1  .IMORALITY  :  A  communication  representing  that  a  certain  person  was 
of  t  d  moral  character  and  unfit  to  have  the  care  of  a  school,  made  in  good 
fait  for  the  purpose  of  preventing  such  person's  teaching  the  school,  is  privi- 
lege and  is  justified  by  proof  that  he  is  a  blasphemer,  habitually  profane 
and  i  Sabbath-breaker. — Wieman  v.  Mabee.  45/484. 

i  293)     §  5884.    SEC.  8.    It  shall  be  the  duty  of  the  county  Duty  of 

.  '  .  commissioner. 

coi  .inissioner: 

]  'irst,  Immediately  after  his  or  her  qualification  as  corn- 
mi  sioner,  to  send  notice  thereof  to  the  superintendent  of 
pu  'lie  instruction; 

Second,  To 'keep  a  record  of  all  examinations  held  by  the  Examina- 
bo;  rd  of  school  examiners  and  to  sign  all  certificates  and  other  cXS',  etc!m 
pa  >ers  and  reports  issued  by  the  board,  and  to  keep  a  record 
of  ill  meetings  of  the  board  of  examiners  and  of  all  hearings 
foi  the  suspension  or  revocation  of  any  teacher's  certificate, 
an  I  to  call  meetings  of  the  board  of  examiners  at  such  other 
tin  es  than  those  mentioned  in  section  five  of  this  act  as  he 
ms  y  deem  best ; 

'liird,  To  receive  the  institute  fee  provided  by  law  and  to  Fee. 
]>;;  s  the  same  to  the  county  treasurer  quarterly,  beginning 
So  >f  ember  thirtieth  in  each  year; 

'.  rourth,  To  keep  a  record  of  all  certificates  granted,  sus-  Record  of 
pe  ided,  revoked  or  transferred  by  the  said  board  or  commis- c 
sicner,  showing  to  whom  issued,  together  with  the  date,  grade, 
duration  of  each  certificate,  and,  if  suspended  or  revoked,  with 
the  date  and  the  reason  therefor; 

Fifth,  To  furnish,  previous  to  the  third  Monday  in  July  in  JJJkSrized 
ea  ih  year,  to  the  township  clerk  of  each   township  in  the  teachers. 
co  mty,  and  to  each  of  the  officers  of  every  school  district  in 
th'j  county,  a  list  of  all  persons  legally  authorized  to  teach  in 
th3  county  at  large  during  the  preceding  school  year,  and  in 
such  township,  with  the  date  and  term  of  each  certificate,  and 
if  any  have  been  suspended  or  revoked,  the  date  of  such  sus- 
pension or  revocation ; 

Sixth,  To  visit  each  of  the  schools  of  the  county  at  least 

m 


ce  in  each  year  and  to  examine  carefully  the  discipline,  the  tl( 


m)de  of  instruction,  the  text-books  used,  the  apparatus  be- 
longing to  the  school,  the  library,  the  progress  and  the  pro- 
ficiency of  the  pupils,  the  skill  and  efficiency  of  the  teacher, 
tie  condition  of  the  school  property,  and  whether  the  attend- 
ance at  school  is  in  compliance  with  law,  and  to  make  a  care- 
f 1 1  record  of  these  items  and  report  the  same  to  the  director 
oi  each  district:  Provided,  That  in  counties  containing  one  Proviso. 
hundred  or  more  schoolrooms,  the  commissioner  of  schools  is 
horeby  authorized  to  appoint  a  clerk,  who  shall  perform  such 
duties  as  said  commissioner  shall  direct,  except  visiting 


128 


STATE   OF   MICHIGAN. 


Further 
proviso. 


Further 
proviso. 


Institutes, 
etc. 


To  examine 
reports. 


Compensa- 
tion of  com- 
missioner, 
how  fixed. 


schools :  Provided  further,  In  counties  having  from  one  hun- 
dred to  one  hundred  and  fifty  schoolrooms  the  whole  expense 
incurred  for  such  clerk  shall  not  exceed  three  hundred  dollars 
in  any  one  year  and  in  counties  having  more  than  one  hun- 
dred and  fifty  schoolrooms  the  whole  expense  incurred  for 
such  clerk  shall  not  exceed  four  hundred  dollars  in  any  one 
year:  Provided  further,  That  nothing  in  this  act  contained 
shall  operate  to  restrict  the  board  of  supervisors  of  any  county 
from  paying  such  greater  sums  than  herein  provided  as  said 
boards  may  deem  just  and  necessary; 

Seventh,  To  'Counsel  with  the  teachers  and  school  boards  as 
to  the  course  of  study  to  be  adopted  and  pursued,  and  as  to 
any  improvement  in  the  discipline,  instruct  ion  and  manage- 
ment of  the  school,  and  he  may  examine  and  audit  the  books 
and  the  records  of  any  school  district  at  any  time  when 
directed  to  do  so  by  the  'superintendent  of  public  instruction 
or  by  application  o<f  any  school  board ; 

Eighth,  To  promote  by  such  means  as  he  or  she  may  devise, 
the  improvement  of  the  schools  in  the  county,  and  the  eleva- 
tion of  the  Character  and  qualifications  of  the  teachers  and 
officers  thereof,  and  art  a;s  assistant  conductor  of  institutes 
appointed  by  the  superintendent  of  public  instruction,  and 
perform  such  other  duties  pertaining  thereto  as  said  super- 
intendent shall  require; 

Ninth,  To  receive  'the  duplicate  annual  reports  of  the  sev- 
eral township  'Clerks,  examine  into  the  correctness  of  the 
same,  requiring  them  to  be  amended  when  necessary,  endorse 
his  or  her  approval  upon  them,  and  immediately  thereafter, 
and  (before  the  fifteenth  day  of  September  in  each  year,  trans- 
mit ito  the  superintendent  of  public  instruction  one  copy  of 
each  of  said  reports  and  file  the  other  in  the  office  of  the 
county  clerk; 

Tenth,  To  be  subject  to  such  instruction  and  rules  as  the 
superintendent  of  public  instruction  may  prescribe,  to  receive 
all  blanks  and  communications  that  may  be  sent  to  him  oi- 
lier by  the  superintendent  of  public  instruction,  and  to  dis- 
pose of  the  same  as  directed  by  the  said  superintendent,  and 
to  make  annual  reports  at  the  close  of  the  school  year  to  the 
superintendent  of  public  instruction  of  his  or  her  official 
labors,  and  of  the  schools  of  the  county  together  with  such 
other  information  as  may  be  required ; 

Eleventh,  To  perform  such  other  duties  as  may  be  required 
of  him  or  her  by  law,  and  at  the  'dose  of  the  term  of  office  to 
deliver  all  records,  books,  and  papers  belonging  to  the  office 
to  his  or  her  successor. 

Section  9  was  repealed*,  1909,  Act  222-. 

(294)  §  5885.  SEC.  10.  The  compensation  of  each  county 
commissioner  of  schools  shall  be  determined  by  the  board  of 
supervisors  of  each  county,  respectively,  but  the  compensation 
shall  not  be  fixed  at  a  sum  less  than  five  hundred  dollars 


GEXKKAL  SCHOOL  LAWS.  !_".) 

r  iiiiniun  in  any  county  win-re  there  are  thirty  schoolrooms; 
jr  not  less  tlian  seven  hundred  lil'ty  dollars  per  aiiniini  where 
tl  ere  are  more  than  seventy  schoolrooms;  at  not  less  than  one 
tl  onsand  dollars  jier  aiinnni  where  there  are  one  linn  Ired 
S'  hoolrooins  and  not  less  than  twelve  hundred  dollars  where 
1  ere  are  One  hundred  twenty-live  schoolrooms;  not  less  than 
t  irteen  hundred  fifty  dollars  where  there  are  one  hundred 
ti  ty  schoolrooms;  not  less  than  fifteen  hundred  dollars 
\xliere  there  are  one  hundred  seventy-five  schoolrooms;  not 
1- ss  than  two  thousand  dollars  per  annum  where  there  are 

0  er  three1  hundred  schoolrooms;  in  estimating  the  number  of 
s  hoolrooms   in   any   county,   all    graded    schools    whether   op- 
e  -at ing  under  a  general  or  special  charter  shall  be  included. 

1  ach  member  of  the  board  of  school   examiners,  other  than  Per  diem  of 
t  ie  county  commissioner,  shall  receive  four  dollars  for  each  eSamtaers. 
(•  ly  actually  employed  in  the  duties  of  his  office  and  his  actual 

a  id  necessary  traveling  expenses  incurred  in  the  discharge  of 

1  is  official  duties  in  his  own  county.    The  compensation  of  any  Clerk. 

(  erk  when  appointed  as  provided  in  this  act  shall  be  deter- 

i  lined    by   the   county    commissioner.      The    compensation    of  n<>\v  {,ai.i. 

i  lembers  of  the  county  board  of  school  examiners  and  of  any 

( lerk   appointed   by   the   county   commissioner   shall    be   paid 

i  lonthly  from  the  county  treasury  up;>n  such  exam'rer  or  clerk 

t  ling   with    the   county    clerk   a    certitie  1    statran  lit    of   his   or 

1  er  account    which   shall   give   in   separate   items    the    nature 

,•  ml  amount  of  the  service  for  which  compensation  is  claimed. 

r'he  compensation  of  the  county  commissioner  shall  be  paid 

Monthly    from    the   county    treasury:     Provided,    That   in   no  Proviso. 

-hall  the  county  commissioner  receive  any  order  for  com- 
pensation from  the  county  clerk  until  he  has' tiled  a  certified 
statement  from  the  superintendent  of  public  instruction   that 
Jill  reports   required    of    the  county    commissioner   have   been 
properly  made  and   tiled   with  said   superintendent  :     Provided  Kurt  her 
turther.    That   no  county  commissioner  shall   receive  an  order  Seta nS 
for   compensation    until    he   shall    have   tiled    with    the   county  statement- 
clerk  a   detailed   statement    under  oath   showing  what    school- 
lave   been    visited    by    him    during    the    preceding   month    and 
A'hat   amount    of   time   wa>   employed    in   each   school,   naming 
[he  township  and    >chool  district.     The  actual   and   necessary 
'raveling  expenses   of   the   commissioner   incurred    in    the  dis 
•harge  of  his  oHicial  duties  in  his  own  county  and  the  n> 
-ary   and   all   contingent    expenses    lor   printing,    postage,   sta- 
tionery, record  books,  grading  regi>ters.  telephone  rental,  rent 
of  rooms  for  public  examinai  ions,  teachers'  or  school  ntlicer>* 

Fceiing>.  shall  be  audited  and  allowed  by  the  board  of  supcr- 
sors  01-  the  county  Imard  of  auditors. 
Am.    l'.»17.   Ad    '.'I. 

ASSISTANT    VISITOR:      M.Hi.ljiniu-  !    ',}}<•    p.ivmr>nt    <.f   ;i  n    nssi.-   .int 

visitor  of   s<-h<  •  denied,   when   the 

commissioner     had    not    determined     tli.-    •  •••mr<  ii>.iti«»n     as    r-quin>l.      Hi<-k>     \. 
Wayne  Co.  Auditors,  97/611. 

17 


130  STATE   OF   MICHIGAN. 


Who  shall  not       (295)     §  5886.     SEC.  11.     No  superintendent  of  public  m- 

act  as  agent.         ,   v  ......  •      • 

struction,  instructor  at  institute,  county  commissioner  or  ex- 
aminer, shall  act  as  agent  for  the  sale  of  any  school  furniture, 
text-books,  maps,  charts  or  other  school  apparatus. 

vacancy^  (296)     §  5887.     SEC.  12.     Whenever  by  death,  resignation 

or  removal  from  office,  or  otherwise,  a1  vacancy  shall  occur  in 
the  office  of  county  commissioner  of  schools,  the  county  clerk 
shall  issue  a  call  to  the  board  of  supervisors  of  the  county  and 
said  board  shall  meet  at  the  office  of  the  county  clerk  on  a 
date  to  be  named  in  said  notice,  not  more  than  ten  days  from 
the  date  of  such  notice,  and  said  board  shall  appoint  a  person 
who  is  qualified  according  to  statute  to  fill  the  vacancy  for  the 
unexpired  portion  of  the  term  of  office. 

Sec.  5.  of  chap  iv  of  Act  203.  P.  A.  1917  (the  election  code),  provides  that 
in  case  of  vacancies  in  any  county  office,  other  than  county  clerk  and  prosecut- 
ing attorney,  the  judge  of  probate,  county  clerk  and  prosecuting  attorney  shall 
appoint  some  suitable  person  to  fill  such  vacancy,  and  the  person  so  appoint- 
ed shall  hold  such  office  for  the  remainder  of  the  unexpired  term. 


§  5888'  Sec<  13<  The  officers  of  every  school  dis- 
trict, except  as  hereinafter  provided,  which  is,  or  shall  here- 
after be,  organized  in  whole  or  in  part  in  any  city  or  village  in 
this  state,  which  is  incorporated  under  the  general  laws  or 
by  special  enactment,  in  which  enactment  special  provisions 
exist  in  regard  to  licensing  teachers,  shall  employ  only  such 
teachers  as  are  legally  qualified  under  the  preceding  sections 

Proviso.  of  this  act:  Provided,  That  in  incorporated  cities  employing  a 
principal  of  the  high  school  and  also  a  superintendent  of 
schools  who  gives  not  less  than  one-third  of  his  or  her  time 
to  school  supervision,  the  superintendent  of  schools  ami  the; 
board  of  education  or  a  committee  thereof  shall  be  empowered 
to  examine  their  teachers  and  grant  certificates  to  such 
as  are  not  already  legally  qualified,  at  such  times  and  in  such 
form  as  the  superintendent  of  public  instruction  shall  pre- 

Further  scribe  :  Provided  further,  That  no  teacher  shall  be  licensed  to 
teach  in  any  school  or  schools  of  this  state  by  any  officer, 
board  or  other  authority,  including  every  school  or  school 
district,  regardless  of  whether  existing  or  created  under 
general  or  special  law,  unless  the  license  or  certificate  is 
granted  at  such  times  and  in  accordance  with  such  terms 
and  conditions  as  shall  be  prescribed  by  the  superintendent  of 
public  instruction  :  Provided  further,  That  cities  having 
a  special  and  thoroughly  equipped  normal  training  depart- 
ment, under  control  of  a  special  training  teacher,  such  school 
having  a  course  of  not  less  than  one  year,  shall  be  exempt  from 
the  provisions  of  this  section  as  to  the  examination  of  teach- 
ers. Any  board  of  education  that  shall  violate  the  provisions 
of  this  act  by  employing  a  teacher  who  is  not  legally  qualified, 
shall  forfeit  such  a  proportion  of  the  primary  school  interest 
fund  as  the  number  of  unqualified  teachers  employed  bears  to 
the  whole  number  of  teachers  employed  in  the  district.  All 
school  districts  organized  by  special  enactments  shall,  through 


leir  proper  niiicers.  make  such  reports  as  the  superintendent 
f  public  instruction  may  require. 

on    14    r']M-.->,'s   "nil   nets  or  pirls   of  acts  conflicting  with   tho  pr-:\-isii.ns 
s  act."     As  to  one  effect  of  this  repeal,  see  IVrri/.o  v.  Kesler,  93/284. 


MI  NATION  FOR  ADMISSION  TO  AGRICULTURAL 
COLLEGE. 


.n  Act  to  provide  for  the  examination  of  candidates  for  admission  to 
the  agricultural  college  by  county  commissioners  of  schools. 

[Act    101,   P.    A.    1895.] 
The  People  of  the  State  of  Michigan  enact: 

(298)  §  5890.    SECTION  1.    That  it  shall  be  the  duty  of  the 
-tate  superintendent  of  public  instruction  to  secure,  at  least 
wice  each   year,  from   the  president   of  the  Michigan  agri- 
•ultural  college,  a  set  of  examination  -questions  in  all  the 
studies  required  for  admission  to  said  college.     It  shall  also 
>e  the  duty  of  the  state  superintendent  of  public  instruction 
o  send  a  printed  list  of  said  examination  questions  to  each 
Bounty  commissioner  of  schools. 

(299)  §  5891.    SEC.  2.    It  shall  be  the  duty  of  each  county 
•ommissioner  of  schools  to  give  public  notice  of  this  examina- 
tion at  Ilie  time  of  all  regular  teachers'  examinations,  and  to 
•Jiibmit  <he  questions  aforesaid  to  any  candidate  who  may  de- 
sire to  enter  the  agricultural  college.    The  examination  shall 
be  conducted  in  the  same  manner  as  are  the  regukir  teachers' 
examinations  of  the  county.     The  work  of  each  and  every 
candidate,  together  with  the  name  and  address,  shall  be  for- 
warded by  the  commissioner,  within  five  days  from  the  date  of 
the  examination,  to  the  president  of  the  college,  who  shall 
examine  and  grade  the  answers  and  report  to  the  candidate 
within  live  days  of  the  receipt  of  the  paper  the  result  of  the 
examination.    A  standing  of  seventy  per  cent  in  each  branch 
will  admit  to  freshman  class  of  the  college  without  further 
examination. 


Duty  of  state 
superintend- 
ent of  public 
instruction. 


Commissioner 

to  givo  notice 
of  exami- 
nation. 


Examina- 
tion, how 
conducted. 


A 


OK  SCHOOL  orFK'KKS  OF  COUNTY. 


n  Act  to  authorize  the  county  commissioner  of  schools  in  each  county 
to  call  a  meeting  of  the  school  officers  of  the  county. 

[Act   112,   T.   A.    1909.] 

Tin-  /Vo/)fa  of  the  Xtatr  of  Micli'ufrni  enact: 

(300)     §  5820.     SECTION  1.     Each  county  commissioner  of  Meetir gof 
hools  in  the  state  of  Michigan  shall  call  a  meeting  of  the"' 


STATE  OF   MICHIGAN. 


school  officers  of  his  county  at  least  once  every  two  years,  said 
meeting  to  be  held  at  the  county  seat  or  some  other  convenient 
place  in  the  county  for  the  purpose  of  consultation,  advice  and 
instruction  upon  matters  pertaining  to  the  management  and 
welfare  of  the  public  schools  of  the  county.  The  call  for  said 
meeting  shall  include  every  board  of  education  in  the  county, 
whether  rural  or  city. 

Am.   1919,   Act   46. 

(301)  §  5821.    SEC.  2.    The  school  board  or  board  of  educa- 
tion shall  attend  such  meeting.     The  school  board  or  board 
of  education  attending  such   meeting  shall  be  allowed   and 
paid  the  actual  traveling  expenses  going  to  and  returning 
from  said  meeting,  said  sum  to  be  paid  from  the  general  fund 
in  the  treasury  of  the  school  district.     The  county  commis- 
sioner of  schools  shall  issue  to  each  member  in  attendance  a 
certificate  of  attendance  which  shall  be  filed  with  the  director 
or  secretary  of  the  board,  and  when  filed  shall  serve  as  a  basis 
of  evidence  for  drawing  the  order  for  expenses  of  each  member 
of  the  board. 

Am.     Id. 

(302)  §  5822.    SEC.  3.    It  shall  be  the  duty  of  the  superin- 
tendent of  public  instruction  to   assist   the  county   commis- 
sioner of  schools  in  conducting  said  meeting  of  school  officers, 
and  he  shall  attend  said  meeting  either  in  person  or  by  repre- 
sentative. 


TOWNSHIP  SCHOOL  DISTRICTS. 

An  Act  to  provide  for  the  organization  and  disbandment  of  township 
school  districts  in  the  state  of  Michigan,     (a) 

[Act   M'7.   P.   A.    liOOO.] 

The  People  of  the  State  of  M icJt  if/an  mart: 

iistfi?tscll°o1  (303)  §  5909.  SECTION  1.  Whenever  a  majority  of  the 
qualified  school  electors  in  any  organized  township  present 
and  voting,  votes  in  favor  of  organizing  said  township  into  a 
single  school  district,  such  township  shall,  after  the  election  of 
trustees  as  hereinafter  provided,  IK-'  a  single  school  district 
and  shall  be  governed  by  the  provisions  of  this  act,  and  in 
ruse  there  are  one  or  more  graded  school  districts  in  the  town- 
ship having  a  population  of  tifteen  hundred  or  less,  the  quali- 
fied school  electors  in  such  graded  districts  shall  have  the 
right  to  sign  the  petition  hereinafter  mentioned,  and  vote  on 
the  question  of  the  establishment  of  such  township  district, 
and  such  graded  districts  shall  become  a  part  of  the  township 


(a)      Title  am.   1010,  Act  304. 


CKXRRAL  SCHOOL  LAWS. 


listrict:  Provided,  however.  Tim  I  any  graded  school  district, 
the  schoolhouse  of  which  is  more  than  two  miles  from  the 
geographical  center  of  said  township,  and  maintaining  a 
school  of  ten  grades  or  more  shall  not  be  included  in  such 
township  school  district,  nor  shall  it  take  part  in  the  signing 
of  petitions  and  the  voting  to  form  a  township  school  district 
as  herein  provided  unless  there  is  first  secured  the  consent  of 
a  majority  of  the  legal  school  electors  of  such  graded  school 
district  present  and  voting  at  an  annual  or  special  meeting 
held  for  that  purpose.  A  record  of  the  vote  of  such  annual  or 
special  meeting  shall  be  spread  upon  the  records  of  said  dis- 
trict and  a  copy  of  such  records  shall  be  placed  on  file  in  the 
office  of  the  clerk  of  the  township  to  which  the  reports  of  said 
district  are  made.  The  question  of  changing  any  organized 
township  into  a  single  school  district  to  be  governed  by  the 
provisions  of  this  act,  shall  not  be  submitted  to  the  qualified 
school  electors  of  said  township  until  a  petition  therefor, 
signed  by  one-fourth  of  the  qualified  school  electors  of  such 
township,  requesting  the  submission  of  such  proposition,  shall 
be  filed  in  the  office  of  the  township  clerk.  Upon  the  receipt 
and  filing  of  such  petition,  it  shall  be  the  duty  of  the  town- 
ship clerk  to  call  a  meeting  of  the  township  board  and  it  shall 
be  the  duty  of  the  township  board  of  such  township  to  attend 
such  meeting,  which  shall  be  held  not  more  than  five  days 
after  the  filing  of  such  petition.  It  shall  be  the  duty  of  the 
said  township  board  at  such  meeting  to  consider  the  said 
petition  with  the  names  appearing  thereon,  and  if  it  be  found 
and  determined  that  one-fourth  of  the  qualified  school  electors 
of  said  township  have  signed  the  said  petition  requesting  that 
the  said  township  of  which  they  are  residents  be  organized  as 
a  single  school  district  under  the  provisions  of  this  act,  it 
shall  be  the  duty  of  the  township  board  to  call  an  election  at 
which  the  question  of  the  organization  of  the  said  township 
into  a  single  school  district  shall  be  submitted  to  the  qualified 
school  electors  of  such  township.  Such  election  shall  be  called 
by  the  township  board  within  thirty  days  after  the  meeting 
of  the  township  board  at  which  it  is  determined  that  the 
petition  herein  provided  for  is  sufficient:  Provided,  however, 
That  if  any  such  petition  is  determined  to  be  sufficient  not 
more  than  four  months  and  not  less  than  twenty  days  prior 
to  the  annual  township  election,  such  question  shall  be  sub- 
mitted at  the  annual  township  election.  Notice  of  such  elec- 
tion, whether  it  be  of  a  special  or  of  the  annual  election,  shall 
be  given  by  the  township  board  by  posting  notices  thereof  at 
least  twenty  days  prior  to  date  of  said  election  in  at  least  five 
public  places  in  the  township  and  at  least  one  notice  in  each 
organized  school  district  in  the  township,  which  notice  shall 
state  that  at  such  election.  giving  the  date,  the  question  of 
the  organization  of  the  township  into  a  single  school  district 
shall  be  submitted  to  the  qualified  school  electors  of  the  town- 


Proviso, 
schools  not 
included. 


Record 
of  vote. 


When 

question 

submitted. 


Clerk  to 
call  meeting. 


Duty  of 
board. 


Election, 
when  called. 


Proviso. 


Noticv. 


What  to 
statf. 


STATE   OF   MICHIGAN. 


ship.  The  ballots  upon  which  such  question  shall  be  sub- 
mitted shall  be  in  the  following  form :  Shall 

(name  of  township)  township  be  organized  into  a  single  school 
district?  (  )  Yes.  Shall  (name  of  town- 
ship) township  be  organized  into  a  single  school  district? 
(  )  No.  Each  ballot  which  has  a  cross  marked  in  the  square 
to  the  left  of  the  word  "Yes"  on  any  such  ballot  shall  be 
counted  in  favor  of  the  organization  of  such  township  into  a 
single  school  district,  and  each  ballot  which  has  a  cross 
marked  in  the  square  to  the  left  of  the  word  "No"  shall  be 
counted  against  the  organization  of  such  township  into  a 
single  school  district.  Any  such  election  shall  be  conducted 
by  the  township  board  of  election  inspectors  in  the  same  man- 
ner in  all  respects  and  the  ballots  shall  be  taken,  counted,  and 
canvassed  in  the  same  manner  that  is  now  provided  for  the 
counting  of  ballots  under  the  general  election  law.  When- 
ever a  majority  of  the  qualified  school  electors  voting  in  any 
township  votes  in  favor  of  the  organization  of  any  township 
into  a  single  school  district,  it  shall  be  the  duty  of  the  town- 
ship board  to  call  a  township  election  within  fifteen  days,  at 
which  election  the  trustees  for  the  township  school  district 
shall  be  elected  by  the  qualified  school  electors  of  such  town- 
ship. Ten  days'  notice  of  such  election  shall  be  given  by  the 
township  board  by  posting  notices  thereof  in  at  least  five 
public  places  in  the  township  and  at  least  one  notice  in  each 
organized  school  district  that  on  the  day  named  in  the  notice 
trustees  for  the  township  school  district  will  be  elected,  and 
it  shall  be  the  duty  of  the  township  board  of  election  inspect- 
ors of  such  township  to  conduct  such  first  election  and  per- 
form such  duties  in  connection  therewith  as  may  be  necessary 
to  carry  out  the  provisions  of  this  act:  Provided,  That  if  in 
such  township,  or  as  a  part  of  such  township,  there  are  frac- 
tional school  districts  already  organized,  the  schoolhouse  of 
which  is  within  the  boundaries  of  the  township,  such  fractional 
districts  shall  be  considered  a  part  of  the  township  for  school 
purposes,  and  qualified  school  electors  residing  anywhere  in 
such  fractional  school  districts  shall  be  qualified  to  sign  the 
petition  for  or  vote  upon  the  question  of  the  organization  of 
the  township  district :  Provided  further,  That  qualified  school 
electors  residing  in  fractional  districts  of  the  township,  the 
schoolhouse  of  which  ie  without  the  township,  shall  not  be 
qualified  to  sign  the  petition  for  or  vote  upon  the  question  of 
the  organization  of  the  township  school  district.  The  town- 
ship board  shall  make  and  file,  both  with  the  county  clerk  and 
with  the  county  commissioner  of  schools  of  the  county  in  which 
such  township  is  located,  a  certified  copy  of  the  above  men- 
tioned pctilion  together  with  its  findings  and  decision  thereon, 
and  when  the  trustees  or  district  oilicers  shall  have  been  duly 
elected  and  shall  have  filed  a  written  acceptance  of  office  with 
the  township  clerk  of  such  township  and  shall  have  complied 
with  the  general  provisions  of  this  act  pertaining  to  the  elec- 


CKXKKAL  SCHOOL  LAWS.  13 


:  ion  and  acceptance  of  school  officers,  the  said  board  of  educa- 
iou  shall  immediately  become  the  custodian  of  all  the  prop- 

•  rty  pertaining  to  the  public  schools  of  the  township  and 
hall  have  all  the  powers  and  privileges  conferred  upon  school 

•  fficers  by  the  general   la\vs  of  this  slate,  and   said  general 
aws  shall  apply  and  be  in  force  in  such  district  in  all  par- 
iriilars  not  otherwise  provided  for  in  this  act:  Provided,  That  Proviso. 
mmediately  upon  the  organization  of  the  board  of  education 
lerein  provided  for  said  board   shall  call  a  meeting  of  the 
>fficers  of  the  school  districts  of  the  township  as  heretofore 
existing,  if  any,  and  at  such  meeting  there  shall  be  an  ac- 
counting of  the  property,  records,  and  funds  of  such  districts 

md  a  settlement  of  the  same,  and  the  officers  of  the  several 
school  districts  of  the  township  as  heretofore  existing  shall 
in  mediately  thereafter  turn  over  to  the  said  board  of  educa- 
tion all  the  books,  records,  money,  property,  and  other  mat- 
ter or  material  in  their  possession  and  belonging  to  the  public 
schools  of  their  respective  districts  to  the  township  board  of 
education  and  said  board  shall  give  to  such  officers  proper 
receipts,  and  the  secretary  of  said  board  of  education  shall 
place  a  full  statement  of  such  several  settlements  in  the 
records  of  the  board  of  education  for  said  township. 

Am.   I'.ilM,  A<-t   13-3. 

Acts  of  a  municipal  corporation  may  not  be  defeated  by  a  collateral  attack 
up'.n  the  rc-irularit.v  of  its  or^.-iiii/ation  so  as  to  prevent  a  bond  issue  by  the 
drtViulant  school  district  because  the  proceedings  to  organize  the  school  district 
\v«Tf  invalid. — Connine  v.  Smith,  190/632. 

(304)     SEC.   la.     /Whenever  any  township  school  district  Disbandment 
has  been  organized  as  provided  in  this  act,  and  such  organiza- 
tion  shall  have  been  in  existence  for  a  period  of  five  years  or 
longer,  the  qualified  school  electors  of  such  township  shall 
have  the  right  to  disband  such  township  organization.     The  Referendum 
qne>tion  of  the  disbandment  of  such  township  school  district  by  ^ 
shall  be  submitted  to  the  qualified  school  electors  of  said 
township  upon  the  presentation  of  a  petition  therefor  signed 
by  one-fourth  of  the  qualified  school  electors  of  such  township 
requesting  the  submission  of  such  question,  said  petition  to 
lie  tiled  in  the  office  of  the  township  clerk.    Upon  the  filing  of  Holding  of 
such  petition,  all  of  the  provisions  of  section  one,  insofar  as  election- 
they  can  be  made  applicable,  relative  to  the  submission  of  the 
question  of  organization  of  a    township  school  district  shall 
apply   to  the  holding  of  the  election,   the  furnishing,  taking, 
counting  and  canvassing  of  ballots,  and  to  all  other  things 
necessary  for  a  determination  of  the  question  of  disbandment. 
The  ballots  upon  which  such  question  shall  be  submitted  shall  Form  of 
be  in  the  following  form: 

Shall  the  township  school  district  of township 

be    disbanded    and    the    township    re-districted    into    separate 
school  district^? 
Yes  (     ). 

Shall  the  township  school  district  of township 


STATE   OF   MICHIGAN. 


be   disbanded    and    llio    township   re-districted    into   separate 
school  districts? 
No    (     ). 

If  a  majority  of  the  school  electors  of  such  township  voting 
at  such  election  votes  in  favor  of  the  proposition,  such  town- 
ship school  district  shall,  after  the  second  Monday  in  July 
subsequent  to  such  election,  be  considered  disbanded.  It  shall 
thereupon  become  the  duty  of  the  township  board  to  re-dis- 
trict such  township,  following  as  closely  as  possible  the 
territorial  limits  of  the  various  school  districts  existing  within 
such  township  at  the  time  of  the  organization  of  the  township 
school  district,  and  such  district  shall  thereupon  be  governed 
by  the  provisions  of  the  general  school  laws.  Immediately 
following  such  re-districting  by  the  township  board,  it  shall 
be  the  duty  of  the  board  of  education  of  such  township  school 
district  to  turn  over  to  the  township  board  all  of  the  property, 
records  and  funds  of  such  district  and  such  township  board 
shall  do  all  things  necessary  to  provide  for  the  distribution 
of  such  property,  funds  and  other  matter  or  material  possessed 
by  said  township  school  district  equally  and  pro  rata  amongst 
the  new  districts  created  in  said  township,  and  thereby  such 
township  school  district,  as  such,  shall  cease  to  exist,  and 
such  new  districts  created  shall  become  possessed  of  all  of  the 
right,  powers  and  duties  now  conferred  by  general  law  upon 
school  districts. 

Added   1919,  Act  354. 

(305)  §  5910.  %SEC.  2.  All  cities  organized  as  school  dis- 
tricts and  all  graded  school  districts  having  a  population  of 
more  than  nine  hundred  shall  be  exempt  from  the  provisions 
of  this  act.  Their  boundaries  shall  remain  the  same  and  they 
shall  continue  to  administer  the  public  schools  of  such  city 
or  graded  district  in  the  same  manner  as  heretofore  provided 
by  statute:  Provided,  That  if  any  such  city  or  graded  school 
district  shall  desire  to  give  up  its  own  organization  as  a  school 
district  and  become  a  part  of  the  township  district,  and  such 
district  and  the  other  district  or  districts  of  the  township 
shall  respectively  so  express  themselves  by  ballot  by  a  major- 
ity vote  of  the  legal  voters  of  each  district  at  an  annual  or 
special  meeting  of  such  districts,  the  superintendent  of  public 
instruction  shall  have  authority  to  declare  the  organization  of 
such  city  or  graded  school  district  for  school  purposes  dis- 
solved, and  he  shall  make  such  declaration  in  writing  and 
serve  the  same  upon  the  officers  of  the  township  district  and 
upon  the  officers  of  such  city  or  graded  district,  and  such 
officers  shall  immediately  turn  over  to  the  board  of  education 
of  such  townsliip  all  the  building,  property,  appurtenances, 
money,  and  material  beret ol'ore  belonging  to  such  city  or 
graded  district  to  the  board  of  education  of  the  township  dis- 
trict, and  thereafter  such  city  or  graded  district  shall  be  a 
part  of  the  township  district  and  controlled  by  the  township 


GENERAL 


be  ird  of  education    as    herein    provide!  :      Provided     further, 

T!  at   where   fractional    school    districts   have   been    organized11 

h<  *etofore  the  organization  of  the  township  district  I'm-  school 

p    rposes  shall  conform   to  the  boundaries  of  such  school  dis- 

ti  cts,  and  that   the  s;iid   fractional   districts  shall  become  a 

jt;  rt  of  the  township  district   in  which  the  sclioolhouse  of  such 

d  ^trict  is  located,  and   that  in   the  election  of  school  officers 

s;  id   boundaries   shall   be   recognized    by    the   officers   of   the 

tiA'iiship:     Provided    further.      That     in    any    case    where    a  Furthor 

fi  ictional  district  has  been  organized  heretofore,  such  terri- provisc 

t(  ry  may  be  divided   so   that    the   township    school    district 

b  nndary  lines  shall  conform  to  the  township  boundary  lines, 

s;  id  division  being  made  in  their  discretion  by  the  township 

b  >ards  of  the  townships  in  which  the  territory  may  be  located, 

s  id  boards  meeting  in  joint  session  for  such  purpose.   AVhen 

s  ich    division    has   been    made,    the   tc.wnship    boards  at    sai  I 

j«  hit  meeting  shall  immediately  proceed  to  make  an  equitable 

d  vision  of  the  property,  and  money,  if  any,  belonging  to  such 

d  strict    between   the   townships   in   which   such   district   was 

heated.     The  township  clerk  of  the  township  in  which,  the  Township 

s  -hoolhouse  of  such  fractional  school  district  is  located  shall  notice.0 8 

give  at    least    ten   days'   notice   to   the   township   clerk  of  the 

other    townships   interested   of   the   time   and   place   of   such 

meeting,  and  each  township  clerk  upon  receiving  such  notice 

s  uill  notify  each  member  of  the  township  board  of  his  town- 

>  iip  of  the  time  and  place  of  such  meeting.    The  joint  meeting 

<  f  the  township  boards  when  assembled  shall  elect  from  their 

i  umber  a  chairman  and  a  clerk,  and  a  majority  of  the  joint 

1  oard  shall  be  necessary  to  determine  all  questions  submitted. 

The   clerk   of   said   joint   board    shall    provide   each   township 

( lerk  with  an  exact  record  of  I  he  proceedings  of  said  meeting. 

i.'UMJi      §  .VJ11.     S  i-:r.  :'».     The  ollicers  of  said  township  dis- Board  of 
trict    shall   consist   of  live   trustees  elected   at    large  who  shall  J^J^tlon' 
constitute  the  board  of  education  of  said  district  and  a  regu- 
lar  term    of   oflice   shall    be    three   years.      Any    person    ill    the  Eligibility, 
district    qualified    under    the    general    school    laws    to    hold    a 

Ichool  office  shall   be  eligible  to  election  or  appointment  to 
>ttice  in  such  district.   At   the  lirst  election   held  under  author- when 
ly  of  this  act,  the  qualified  electors  of  I  he  township  shall  pro   *' 
.'eed  to  elect  by  ballot  one  trustee  for  the  term  of  one  year,  two 
'or  the  term  of  two  years  and  two  for  the  term  of  three  years. 
md    annually    thereafter    a    successor    or    successors    to    the 
trustee  or  trustees  whose  term  or  terms  of  office  shall  expire. 
The  term  of  ollice  intended  for  each  person  shall  be  designated  (<;j]|j'fof 
on  the  ballot  and  which  said  ballot   shall  have  printed  thereon 
the  names  of  all  candidates  and  the  ollices  to  be  voted  therefor, 
together   with    instructions   ;;s   to    the   method   of   voting:    Pro-  Proviso. 
vided.  Thai  to  obtain  the  printing  of  the  name  of  any  candidate  [Stiltons.0" 
for  any  of  said  ollices.  s;iid  candidate  shall   lile  a   nomination 
petition   with     the    clerk   of    the  school     board    not     less     than 
thirty  days  before  election,  which   petition  shall   he  signed  by 


138 


STATE   OF   MICHIGAN. 


Election 
inspectors. 


Duty  of 

township 

clerk. 


not  less  than  twenty-five  nor  more  than  one  hundred  quali- 
fied electors  of  the  school  district  and  each  petition  shall 
recite  the  residence  and  occupation  of  the  electors  signing  the 
same,  together  with  the  date  of  signature.  At  the  first  elec- 
tion held  in  said  township  district,  the  township  board  shall 
act  as  a  board  of  election  inspectors  and  shall  receive  and 
canvass  the  votes,  prepare  ballots  and  conduct  the  election  in 
the  same  manner  as  provided  for  in  township  elections  held 
under  the  general  law.  The  township  clerk  shall  keep  a  record 
of  all  proceedings  of  said  first  meeting  of  the  district  and 
file  a  copy  of  the  same  in  his  office  and  turn  over  a  copy  of 
said  proceedings  to  the-  secretary  of  the  board  of  education 
when  said  board  is  organized.  In  election  of  trustees,  the 
person  or  persons  receiving  the  highest  number  of  votes  cast 
shall  be  declared  elected  and  he  or  they  shall  hold  office  until 
his  or  their  successor  or  successors  shall  have  been  duly 
wtw  qualified  elected  and  shall  have  qualified  as  provided  in  this  act.  In  all 
school  elections  every  citizen  of  the  United  States  of  the  age 
of  twenty-one  years,  male  or  female,  who  has  the  qualifications 
prescribed  under  the  provisions  of  the  general  school  law  shall 
be  a  qualified  voter. 

Am.  191'7,  Act  304;  1921,  Act  1'33. 

(307)  §  5912.     SEC.  4.    The  annual  meeting  of  said  town- 
ship district  shall  occur  on  the  second  Monday  of  July  in  each 
year  at  the  usual  place  of  holding  the  township  meeting,  and 
the  school  year  shall  commence  on  that  day.    It  shall  be  the 
duty  of  the  secretary  of  the  board  to  give  notice  of  all  annual 
meetings  and  of  any  special  meetings  of  said  district  by  post- 
ing a  written  or  printed  notice  thereof  in  at  least  five  con- 
spicuous places  in   said  township,   and  one  notice  on  each 
school  building,  at  least  five  days  prior  to  said  meeting.    The 
notice  of  any  annual  or  special  meeting  shall  state  the  pur- 
pose of  the  meeting,  the  place,  date  and  hour  of  holding  the 
same.     The  notice  of  the  annual  meeting  shall  specify  that 
during  the  last  two  hours,  or  between  three  and  five  o'clock, 
the  general  business  of  the  district  as  to  voting  taxes  will 
take  place.    In  case  the  president  or  secretary  of  the  board  of 
education  shall  be  absent,  the  voters  present  may  appoint  a 
temporary  president  or  secretary.    At  the  first  school  meeting, 
and  at  all  succeeding  annual  meetings  the  polls  shall  open 
at  ten  o'clock  a.  m.  and  be  kept  open  seven  consecutive  hours, 
and  the  election  shall  be  conducted  in  a  similar  manner  to 
the  one  in  which  township  officers  are  elected,  and  at  the  hour 
of  closing  the  chairman  of  the  board  of  election  shall  declare 
the  polls  closed,  and  the  board  shall  immediately  proceed  to 
canvass  and  announce  the  result  of  the  vote. 

(308)  §  5913.    SEC.  5.    If  any  person  offering  to  vote  at  a 
township  school  district  meeting  shall  be  challenged  as  un- 
qualified by  any  legal  voter  in  such  district  or  by  the  presiding 
officer,  the  chairman  presiding  at  such  meeting  shall  declare 


Annual 
meeting. 


Notice  by 
secretary. 


Polls, 

opening  and 
closing. 


Challenge 
of  voter. 


GENERAL  SCHOOL  LAWS.  139 

0  the  person  challenged  the  qualifications  of  a  voter;  and  if 
urh  person  shall  state  that  lie  is  qualified  and  the  challenge 
s  not  withdrawn,  the  chairman  shall  tender  to  him  an  oath, 

a  substance  as  follows:     '"You  do  swear   n>r  allinn  >  that  you  Oath, 
re  a  citizen  of  the  United   States,  that  you  are  an  actual fc 
esident  of  this  school  district,  or  residing  upon  territory  now 
.ttached  to  this  school  district,  and  that  you  possess  the  quali- 
ications  required  for  voting  under  the  general  school  laws 
>f  this  state,"  and  every  person  taking  this  oath  shall  be  per- 
nitted  to  vote  upon  all  questions  proposed  at  such  meetings, 
f  any  person  so  challenged  shall  refuse  to  take  such  oath  his  Refusal 
•ote  shall  be  rejected;  and  any  person  who  shall  wilfully  take  etc!a  e' 

1  false  oath  or  make  a  false  affirmation  under  the  provisions 
)f  this  section,  shall  be  deemed  guilty  of  perjury.    When  any 
luestion  is  taken  any  other  way  than  by  ballot,  a  challenge 
mmediately  after  the  vote  has  been  taken  shall  be  deemed  to 
36  made  when  offering  the  vote,  and  treated  in  the  same  man- 
aer. 

Am.  1921,  Act  133.. 

(309)  §  5914.    SEC.  G.    Within  five  days  after  the  first  elec-  Notice  to 
tion  under  this  act  the  township  clerk  shall  notify  in  writ- 

ing  the  persons  elected  as  trustees  of  their  election,  and  with- 
in five  days  thereafter  said  trustees  so  elected  shall  file  with 
the  township  clerk  a  written  acceptance  of  the  otlice,  accom- 
panied by  an  affidavit  properly  acknowledged  that  such  per- 
son is  a  qualified  voter  on  all  school  questions,  and  such  ac- 
ceptances and  affidavits  shall  be  filed  by  the  township  clerk  in 
his  office.  All  persons  elected  as  trustees  of  the  township 
school  district  after  said  first  election  shall  file  such  written 
acceptances  and  affidavits  with  the  secretary  of  the  board  of 
education  and  they  shall  be  made  a  part  of  the  records  of  the 
district. 

Am.  Id. 

(310)  §  5915.    SEC.  7.    Tho  members  of  the  board  of  educa- 

tion  shall  meet  on  the  second  Monday  following  the  first  elec-  officers, etc. 
tion  under  this  act,  and  at  such  meeting  the  trustee  whose 
term  of  oflice  first  expires  shall  be  temporary  chairman,  and 
;it  this  meeting  the  trustees  shall  elect  from  their  number  a 
president,  a  secretary  and  a  treasurer,  who  shall  severally 
M-rve  in  such  capacity  din-ing  his  term  of  office  and  until  his 
successor  shall  have  been  duly  elected  and  qualified.  Immedi- 
ately upon  the  organization  of  ilie  hoard  the  secretary  shall 
notify  the  county  school  commissioner  and  the  superintendent 
of  public  instruction,  giving  the  name  and  postoffice  addn 
of  each  officer.  A  majority  of  the  members  of  the  board  shall 
constitute  a  quorum,  and  the  hoard  shall  hold  a  regular  meet- 
ing on  the  fourth  Monday  of  each  month  and  one  on  the  Sat- 
urday preceding  the  second  Monday  in  .Inly,  and  no  notice  of 
iK-h  meetings  shall  lie  required,  if  the  hour  and  place  of  such 


140 


STATE  OF   MICHIGAN. 


Special 

meetings, 

compensation. 


Proviso, 
certain  dis- 
tricts. 


Meetings. 


Office,  when 

deemed 

vacant. 


meetings  shall  have  been  fixed  by  a  resolution  of  the  board  and 
placed  upon  the  record  book  of  the  secretary  of  said  board. 
The  trustees  shall  be  allowed  compensation  for  not  to  exceed 
four  special  meetings  which  may  be  called  by  the  president 
and  secretary,  and  the  secretary  shall  give  at  least  twenty- 
four  hours'  written  notice  to  each  member  of  the  board :  Pro- 
vided, That  the  provisions  hereof  with  reference  to  number  of 
regular  meetings  of  board  and  compensation  of  trustees  shall 
not  apply  to  school  districts  having  a  school  population  of 
less  than  three  hundred.  In  such  districts  there  shall  be  two 
regular  meetings,  one  on  the  fourth  Monday  of  February  and 
one  on  the  Saturday  preceding  the  second  Monday  of  July. 
All  business  which  the  board  of  education  is  authorized  to 
perform  shall  be  done  at  a  meeting  of  said  board,  and  no  act 
shall  be  valid  unless  voted  at  a  meeting  of  the  board  by  an 
affirmative  vote  of  a  majority  thereof  and  a  proper  record 
made  of  such  vote.  The  minutes  of  all  school  meetings  and 
board  meetings  must  be  signed  by  the  secretary. 

Am.   1917,  Act  314;   1921,   Act  1(33. 

(311)  §  5910.     SEC.  8.     A  school  district  office  shall  be- 
come vacant  immediately  upon  any  of  the  following  events: 

First,  The  death  of  the  incumbent; 

Second,  His  resignation; 

Third,  His  removal  from  office; 

Fourth,  His  removal  from  the  district; 

Fifth,  His  conviction  of  any  infamous  crime; 

Sixfh,  His  election  cr  appointment  being  declared  void  by  a 
competent  tribunal; 

Seventh,  His  neglect  to  file  his  acceptance  of  office  or  to 
give  or  renew  any  official  bond  according  to  law ; 

Eighth,  Upon  the  expiration  of  twenty  days  after  failure  of 
the  district  to  elect  a  successor  at  the  annual  meeting. 

Am.  1192,11,  Act  IBfi. 

(312)  §  5917.     SEC.  9.    The  board  of  education  shall  have 
the  following  powers  and  duties: 

(a)  To  fill  any  vacancies  that  may  occur  in  the  office  of 
trustee  until  the  next  annual  meeting,  and  the  person  or  per- 
sons so  appointed  shall  file  his  acceptance  and  affidavit  as 
hereinbefore  provided ; 

(b)  To  purchase  or  lease  in  the  name  of  the  district  such 
site  or  sites  for  schoolhouses  as  it  may  <lceiu  necessary,  out  of 
the  fund  provided  for  that  purpose,  and  make  sale  of  any  site 
or  other  property  of  the  district  when  lawfully  directed  to 
do  so  by  the  qualified  voters:   J'rovided,  That  the  board  shall 
not  build  a  stone  or  brick  school  house  upon  any  site  without 
having  first  obtained  a  title  in  fee  to  the  same  or  a  lease  for  at 
least  ninety-nine"  years,   nor   shall   a   frame   schoolhouse  be 
erected  on  any  site  for  which  the  board  has  not  secured  a 
title  in  fee  -or  a  lease  for  at  least  lil'ly  years,  and  in  all  cases 


Powers  and 
duties. 

Vacancies, 
may  fill. 


Purchase 
school  sites. 


Proviso. 


: 


z 

ta 


w, 

;,'; 


I 


GENERAL  SCHOOL  LAWS.  141 

where  school  sites  are  leased  the  board  shall  reserve  the 
privilege  of  removing  the  school  properly  from  the  site  on 
the  expiration  of  the  lease : 

(c)  To   estimate   the  amount   of   money   necessary   to   be 
raised  for  buildings  ami  sites  and  report   same  to  the  voters 
at  the  annual  or  a  special  meeting; 

(d)  To  vote  the  taxes  necessary  in  addition  to  other  school  vote  taxes 
funds  for  teachers'  wages  which  shall  be  accounted  for  under  etJ.waees' 
the  title  of  "general  fund/7  and  if  no  high  school  be  established, 

to  vote  such  taxes  as  may  be  necessary  to  pay  the  tuition  of 
any  and  all  children  of  high  school  age  resident  in  such  town- 
ship, to  high  schools  already  established,  and  to  vote  such 
taxes  as  may  be  necessary  for  the  regular  running  expenses  of 
the  school,  which  shall  include  school  furnishings  and  all  ap- 
pendages, library,  the  care  of  school  property,  record  books 
and  blanks,  and  all  apparatus  and  material  which  may  be 
necessary  in  order  that  the  schools  may  be  properly  managed 
and  maintained,  and  such  taxes  when  collected  and  received 
by  the  treasurer  of  the  hoard  shall  be  accounted  for  under  the 
title  "general  fund."  All  moneys  received  from  penal  fines 
for  library  purposes  and  all  moneys  recehed  for  buildings  and 
sites  shall  be  kept  in  separate  accounts  under  proper  title: 
Provided,  That  when  the  district  or  the  board  has  voted  a  tax  Proviso. 
for  any  legal  purpose  and  the  money  is  needed  before  the 
tax  can  be  levied  and  collected  t'he  board  may  'borrow  on  the 
warrant  of  the  district  a  sum  not  to  exceed  the  amount  of 
x  voted  for  such  purpose; 

(e)  Between   the  second  Monday  of  July   and   the  first  Taxes 
Monday  of  August  in  each  year,  to  make  out  and  deliver  to 

the  township  clerk  a  report  in  writing,  signed  by  the  presi- 
dent and  secretary,  of  all  taxes  for  school  purposes  voted  by 
e  district  and  by  the  district  board,  to  be  levied  on  the 
axable  property  of  the  district;  i 

(f)  To  apply  and   pay  over  all  school  moneys  belonging  School 
to  the  district  in  accordance  with  the  provisions  of  the  law  S5S?fetc. 
regulating  the  same,  and  no  money  raised   by   tax  shall  be 

used  for  any  other  purpose  than  that  for  which  it  was  raised 
without  the  consent  of  a  majority  of  the  taxpaying  voters  of 
e  district  present  at  an  annual  meeting  or  a  special  nieet- 
ng,  and  no  moneys  received  from  the  primary  school  interest 
fund  shall  be  appropriated  to  any  other  use  than  the  pay- 
ment of  teachers'  wages,  except  as  hereinafter  provided,  and 
no  money  received  for  teachers'  wages  shall  be  paid  to  any 
person  who  is  not  the  holder  of  a  proper  ceititicate  of  qualifi- 
cation authorizing  him  to  teach,  and  granted  to  said  person 
before  the  commencement  of  his  school.  The  board  shall  not 
apply  any  moneys  received  by  it  from  any  source  for  the  sup- 
port or  maintenance  of  any  school  of  a  sectarian  character, 
whether  the  same  be  under  the  control  of  any  religious  society 
or  made  sectarian  by  the  school  board; 


142 


STATE   OF   MICHIGAN. 


Custody  of 

school 

property. 


Text  books, 

adoption, 

etc. 


Proviso, 
physiology 
and  hygien 


Approval. 


Regulation 
of  schools. 


Suspensions, 
etc. 


Non-resident 
pupils. 


(g)  To  have  the  care  and  custody  of  all  school  property 
and  to  provide  suitable  school  privileges  and  sanitary  condi- 
tions for  all  schools,  a  suitable  water  supply  and  all  record 
books  and  blanks; 

(h)  To  specify  the  studies  to  be  pursued  in  the  schools  of 
the  district  and  adopt  a  suitable  course  of  study  for  said 
schools;  and  the  secretary  shall  make  a  record  of  isuch 
adoption.  Textbooks  once  adopted  under  the  provisions  of 
this  act  shall  not  be  changed  within  five  years  except  by  the 
consent  of  a  majority  of  the  qualified  voters  of  the  district 
present  at  any  annual  or  special  meeting:  Provided,  That 
in  the  adoption  of  textbooks  the  board  shall  provide  for  in- 
struction in  the  subject  of  physiology  and  hygiene  with 
special  reference  to  the  nature  of  alcohol  and  narcotics  and 
their  effects  upon  the  human  system,  and  sanitary  science. 
Textbooks  adopted  in  this  subject  shall  give  at  least  one- 
fourth  of  their  space  to  the  consideration  of  such  subjects, 
and  for  the  high  schools  such  books  shall  contain  at  least 
twenty  pages  of  such  matter,  and  the  instruction  in  this  sub- 
ject shall  be  given  in  such  manner  and  at  such  times  as  may 
be  suited  to  the  grade  of  the  pupils.  The  textbooks  used  in 
giving  such  instruction  shall  first  be  approved  by  the  state 
board  of  education.  Each  teacher  or  superintendent  shall 
report  to  the  board  of  education  at  the  close  of  each  term  or 
year  in  regard  to  the  quantity  and  character  of  such  special 
instruction  in  the  subject  of  alcohol  and  narcotics,  and  the 
secretary  of  the  board  shall  certify  to  the  superintendent  of 
public  instruction  that  such  instruction  has  been  given ; 

(i)  To  have  the  general  care  of  the  schools  of  the  district 
and  make  and  enforce  suitable  rules  and  regulations  for  the 
general  management  of  the  schools  and  for  the  preservation 
of  the  property  of  the  district,  and  to  purchase  at  the  expense 
of  the  district  such  textbooks  as  may  be  necessary  for  the 
use  of  children  whose  parents  are  not  able  to  furnish 
same.  The  board  may  authorize  or  order  the  suspension  or 
expulsion  from  school  of  any  pupil  guilty  of  gross  misde- 
meanor or  persistent  disobedience,  or  one  having  habits  or 
bodily  conditions  detrimental  to  the  school,  whenever  in  its 
judgment  the  interests  of  the  school  may  demand  it; 

(j)  The  board  may  admit  to  the  schools  of  the  township 
any  non-resident'  pupils  and  determine  the  rate  of  tuition  of 
such  pupils  a  IK!  collect  same.  Children  who  are  being  cared 
for  at  county  expense  .shall  be  admitted  to  the  school  in  the 
township  which  is  nearest  t'he  county  house  or  in  which  the 
county  house  may  be  located,  on  the  same  terms  tlhat  non-resi- 
dent pupils  are  admitted.  When  non-resident  pupils,  their  par- 
ents or  guardians,  pay  a  school  tax  in  said  district  such  chil- 
dren shall  be  admitted  to  the  schools  of  the  district,  and  the 
amount  of  such  school  tax  shall  be  credited  on  their  tuition 
in  a  sum  not  to  exceed  the  amount  of  such  tuition; 


GENERAL  SCHOOL  LAWS.  143 

(k)  To  make  rules  relative  to  the  taking  of  census  of  all  Census, 
c  dldren  resident  in  said  township  district  five  years  of  age 
n  id  under  twenty  years,  and  to  make  all  necessary  reports 
a  id  transmit  the  same  to  the  pioper  officers  as  designated  by 
1  w  so  that  the  district  may  be  entitled  to  its  proportion  of  the 
I  'imary  school  fund; 

(1)      To  fix  the  length  of  time  school   shall   be  kept    in   all  Term, 
t  le  schools  of  the  township,  which  shall  be  the  same  for  all 
s  ;hools  and  not  less  than  five  months  in  each  year :  Provided,  Proviso. 
r!  hat  all  persons,    residents  of  any  township  school   district 
j  nd  five  years  of  age,  shall  have  an  equal  right  to  attend  any 
?-  :hool  therein,  and  no  separate  school  or  department  shall 
1  e  kept  for  any  person  on  account  of  race  or  color :  Provided  Further 
J  arther,    That   this   shall   not  be   construed   to   prevent   the provlso- 
•  lassifying  and  grading  of  the  schools  according  to  the  intellec- 
ual  progress  of  the  pupils,  such  grades  to  be  taught  in  such 
:  eparate  places  as  may  be  deemed  expedient; 

(m)     To   establish   and   maintain   a    district    library   and  Library, 
•rovide  for  its  care  and  management; 

(n)     To   establish    and    maintain    a    high    school   or   high  High 
chools  for  the  township  and  determine  the  qualifications  for  x 
idmission  thereto:   Provided,   That  if  a  township  high  school  Proviso. 
>e  not  maintained  the  board  of  education  shall  pay  out  of  the 
'nnds  hereinbefore  provided    for,  the   tuition  of  any  and  all 
,'hildren  of  high  school  age  who  desire  to  attend  high  schools; 

(o)     To  authorize  the  secretary  to  purchase  and  provide  Apparatus, 
>uch  incidental  apparatus  and  material  as  may  be  deemed  ad-  chasepur~ 
v  isable  for  the  schools,  and  to  audit  and  order  the  payment  of 
ill  accounts  for  such  expenses  and  material; 

(p)     To  employ  a  superintendent  of  schools  for  the  town-  superin- 
ship,  and  to  employ  such  other  officers  and  servants  as  may  be  tendent- 
necessary  for  the  management  of  the  schools  and  school  prop- 
erty, and   to  prescribe  their  duties  and  fix  their  compensa- 
tion.   The  superintendent  of  schools  herein  provided  for  shall 
be  the  Judder  of  at  least  a  state  life  certificate  or  a1  normal 
school   diploma,  or  he  shall    have  educational  qualifications 
equivalent  thereto  and  shall  be  the  holder  of  a  diploma  from  x 
college  or  university  of  recognized  standing,  and  he  shall  have  Duties. 
the  following  duties: 

•  First,  To  recommend  in  writing  all  teachers  necessary  for 
the  schools,  and  to  suspend  any  teacher  for  cause,  until  the 
board  of  education  or  a  committee  of  such  board  may  consider 
such  suspension  ; 

Second,  To  classify  and  control  the  promotion  of  pupils; 
Third,  To  recommend  to  the  board  the  best  methods  of  ar- 
ranging the  course  of  study  and  the  proper  textbooks  to  be 
•  used; 
Fourth,  To  make  reports  in  writing  to  the  board  of  educa- 
tion 


and  to  the  superintendent  of  public  instruction  annually 
or  oftener  if  required; 


144 


STATE   OF   MICHIGAN. 


To  hire, 
etc.,  teachers. 


What  con- 
tract to 
specify. 


Fifth,  To  supervise  and  direct  the  work  of  the  teachers; 

Sixth,  To  assist  the  board  in  all  matters  pertaining  to  the 
general  welfare  of  the  school,  and  to  perform  such  other 
duties  as  the  board  may  determine ; 

(q)  To  hire  and  contract  with  such  legally  qualified 
teachers  as  may  be  required,  and  all  contracts  shall  be  in 
writing  and  signed  by  a  majority  of  the  board  in  behalf  of 
the  district.  Said  contracts  shall  specify  the  wages  agreed 
upon  and  require  the  teachers  to  keep  a  correct  record  of  all 
school  work,  the  number  of  pupils,  the  classification  and  grad- 
ing, the  aggregate  and  average  attendance  and  the  percentage 
of  attendance,  and  to  furnish  the  secretary  with  a  correct 
copy  of  the  same  at  the  close  of  school.  The*  contracts  shall 
also  require  the  board  to  provide  all  proper  material  and  keep 
the  school  property  in  proper  and  sanitary  condition.  The 
contract  shall  be  filed  with  the  secretary  and  a  duplicate  fur- 
nished the  teacher.  A  contract  with  a  person  not  holding  a 
legal  certificate  of  qualification  shall  be  invalid  and  all  con- 
tracts shall  terminate  if  the  certificate  of  the  teacher  shall 
expire  by  limitation  within  its  term,  or  if  the  certificate  be 
suspended  or  revoked  by  proper  authority :  Provided,  That  in 
case  of  illness  of  the  teacher  or  when  a  legally  qualified  teacher 
cannot  be  found  by  the  board  or  by  the  commissioner  of 
schools,  a  person  otherwise  qualified  but  not  holding  a  cer- 
tificate may  be  employed  temporarily  as  a  supply,  and  such 
supply  service  shall  be  paid  from  the  general  fund.  A  school 
month  within  the  meaning  of  the  school  laws  shall  consist  of 
four  weeks  of  five  days  in  each  week; 

(r)  And  to  do  all  things  needful  and  necessary  for  the 
maintenance,  prosperity,  and  success  of  the  schools  of  the  dis- 
trict and  the  promotion  of  the  thorough  education  of  the 
children  thereof. 

Am.   Id. 

(313)  §  5918.  SEC.  10.  It  shall  be  the  duty  of  the  presi- 
dent of  the  board : 

First,  To  preside  at  all  meetings  of  the  district  and  of  the 
board; 

Second,  To  countersign  all  orders  legally  drawn  by  the 
secretary  upon  the  treasurer  for  moneys  to  be  disbursed  by 
the  district,  and  all  warrants  of  the  secretary  upon  the  town- 
ship treasurer  for  moneys  raised  for  district  purposes  or  ap- 
portioned to  the  district  by  the  township  clerk  or  other  officer; 

Third,  To  cause  an  action  to  be  prosecuted  in  the  name  of 
the  district  on  the  treasurer's  bond  in  case  of  any  breach  of 
any  condition  thereof; 

Fourth,  To  preserve  order  in  all  meetings  of  the  district, 
and  he  may  arrest  or  order  the  arrest  of  any  person  or  per- 
sons who  shall  conduct  himself  or  themselves  in  a  disorderly 
manner,  or  who  shall  disturb  such  meeting  by  rude  or  inde- 
cent behavior,  or  by  profane  or  indecent  discourse  or  in  any 


Where 
filed. 


When 
invalid. 


Proviso. 


School 
month. 


President 
of  board. 

To  preside. 


Countersign 
orders. 


Prosecute 
action. 


Meetings, 
disturbance 
of,  etc. 


GENERAL  SCHOOL  LAWS.  145 

0  her  way  make  such  disturbance,  and  such  person  shall,  on 

c  iiiviction   thereof   in   a   court    of  competent  jurisdiction,  be  Penalty. 

1  mished  by  a  line  of  not  less  than  two  dollars  nor  more  than 
1  'iy  dollars,  or  by  imprisonment  in   the  county  jail  not  ex- 

<  •  -eding   thirty   days.      Any   justice  of   the   peace,    recorder    or  Jurisdiction. 
]  )lice  justice  of  the  county  where  such  offense  shall  be  com- 

i  itted  shall  have  jurisdiction  to  try  and  determine  the  same; 

Fifth,  He  may  make  complaint  before  a  justice  of  the  peace  complaint  for 
j  gainst  any  person  who  shall  disturb  any  school  in  the  town-  d 
s  lip  by  rude  and  indecent   behavior  or  by  profane  and  inde- 

<  ent  discourse  or  in  any  other  way  make  such  disturbance, 
;  nd  such  person  shall  on  conviction  thereof  be  punished  by  a 
:  ne  of  not  less  than  two  nor  more  than  fifty  dollars,  or  by 
i  nprisonment  in  the  county  jail  not  exceeding  thirty  days; 

Sixth,  To  perform  the  duties  required  of  the  superintendent,  other  duties, 
/here  such  superintendent   is  not   appointed,  and  such  other 
'luties  as  may  be  appropriate  to  his  office  in  the  management 
f  the  schools  as  the  board  shall  determine. 

(314)       §  5911).      Sl-C.  11.      It    shall    be  the  duly  of  the  SCCre- Secretary, 
ary  of  each  board  of  education  : 

First,  To  act  -as  clerk  at  all  meetings  of  the  district  and  of  cierkof 

board. 

he  board; 

Second,  To  record  the  proceedings  of  all  district  meetings  Record  of 
ind  the  minutes  of  all  meetings,  orders,  resolutions  and  other  pl 
>roceedings  of  the  board  in  proper  record  books  and  sign  the 
>ame ; 

Third,  To  give  the  prescribed  notice  of  the  annual  meeting  Notice  of 
md  of  any  special  meetings  of  the  district  which  the  board  meetlngs- 
may  call :    Provided,  That  the  notice  of  all  annual  and  special  Proviso, 
meetings  shall  be  properly  posted  in  at  least  five  public  places 
in  the  township  and  one  on  each  school  building  not  less  than 
live  days  prior  to  such  meeting:  Provided  further,    That  on  Further 
the  petition  of  at  least  one-tenth  and  not  less  than  twenty-five  provls0' 
of  the  qualified  voters  of  the  township  district  presented  to 
the  secretary  or  president  for  the  purpose  of  calling  a  special 
school  meeting,  the  secretary  shall  give  the  notice  as  herein- 
before provided; 

Fourth,   To    draw    and    sign    warrants    upon    the   township  Warrants. 
treasurer  for  all  moneys  raised  for  district   purposes  or  appor-  onlt'rs'  etc- 
tioned  to  the  district   by  the  township  clerk  or  other  officer 
and  payable  to  the  treasurer  of  the  district,  and  orders  upon 
the  district    treasurer  for  all   moneys  to  be  disbursed  by  the 
district,  and  present  such  warrants  or  orders  to  the  president 
to  be  countersigned  by  that  officer.     Fach  warrant  and  order  Numbering, 
shall   be    properly    numbered    ;md    dated,    and    each    warrant 
shall  specify  the  sources  of   the  funds   called    for,   and   each 
order  the  purpose  for  which  and   the  fund   upon   which  it  is 
drawn  ; 

Fifth,  To  draw  and  sign  all  contracts  with   teachers,  super- Sign 

tendents  or  other   employes,   when   directed    by    the  district" 


19 


146 


STATE   OF  MICHIGAN. 


Accounts, 
payment, 
etc. 


Estimates, 
when  and 
to  whom 
presented. 


File 
reports,  etc. 


board,  and  present  such  contracts  to  the  other  members  of 
the  board  for  further  signature ; 

Purchase  Sixth,  To  purchase  the  necessary    appendages    and    inci- 

tus'  dentals  for  school  use  as  hereinbefore  provided,  and  to  see 
that  such  apparatus  and  material  is  kept  in  good  repair  at 
all  times; 

Seventh,  To  keep  an  accurate  account  of  all  expenses  in- 
curred by  him  as  secretary,  such  accounts  to  be  presented  to 
and  audited  by  the  board,  and  on  its  written  order  paid  out 
of  the  appropriate  fund ; 

Eighth,  At  the  regular  meeting  of  the  board  in  the  month 
of  June,  to  present  an  estimate  of  the  expenses  necessary 
to  be  incurred  during  the  ensuing  year,  and  an  estimate  of  the 
amount  of  money  necessary  for  buildings,  sites  or  repairs^ 
and  upon  these  estimates  the  board  shall  act  and  fix  the 
amount  to  be  presented  to  the  people  at  the  annual  meeting; 
and  the  board  shall  vote  the  several  amounts  for  taxes  to  be 
levied  for  teachers'  wages  and  the  general  running  expenses 
of  the  school  as  hereinbefore  provided; 

Ninth,  To  preserve  and  file  copies  of  all  reports  to  the 
township  clerk  or  county  clerk  and  the  superintendent  of 
public  instruction,  and  to  preserve  and  keep  all  books,  papers, 
records  and  other  documents  belonging  to  the  office  of  secre- 
tary or  to  the  district  when  not  otherwise  provided  for,  and  to 
deliver  the  same  to  his  successor  in  office; 

Tenth,  The  secretary  shall,  at  the  end  of  the  school  year 
and  previous  to  the  second  Monday  in  July,  prepare  an  annual 
report  of  the  school  district,  said  report  to  contain : 

(1)  The  whole  number  of  children  belonging  to  the  district 
five  years  of  age  and  under  twenty,  according  to  the  school 
census  of  said  district; 

(2)  The  number  attending  school  during  the  year; 

(3)  The  .number  of  non-resident  pupils  attending  during 
the  year ; 

(4)  The  whole  number  that  have  attended  school  during 
the  year; 

(5)  The  length  of  time  school  has  been  taught,  the  name 
of  each  teacher  and  the  lengt.li  of  time  taught  by  each  and 
the  wages  paid  to  each ; 

(6)  The  average   attendance   and   the  percentage   of   at- 
tendance of  pupils  during  the  year ; 

(7)  The  amount   of  money   received   from    the   township 
treasurer  apportioned  to  the  district  by  the  township  clerk; 

(8)  The  amount  of  money  raised  by  the  district  and  the 
purposes  for  which  it  was  raised,  the  amount  of  primary  and 
library  money    and    the    amount    received    from    all    other 
sources ; 

(9)  The  text-books  used  in  the  school; 

(10)  Such    other  facts   and   statistics   in   regard    to   the 
schools  and  the  subject  of  education  as  the  superintendent  of 


Annual 
report, 
what  to 
contain,  etc. 


Other 
statistics. 


GENERAL  SCHOOL  LAWS.  147 

pu  lie  instruction  shall  direct.     Said  report  shall  be  in  such  Form  of  re- 
foi  n  as  said  superintendent   may  prepare  and  direct.     In  all  Sffetc. 
tovnship  districts  one  copy  of  said  report  shall  be  filed  with 
th<    township  clerk  on  or  before  the  first  Monday  of  August 
in   >arh  year,  and   the  other  two,  together  with  all  others,  for- 

>  Wii  :'ded  immediately  after  the  first  Monday  in  August  to  the 
co  nty  commissioner  of  schools; 

11)     To  perform  such  other  duties  as  are  or  shall  be  re- 
qu  red  by  law  or  by  the  board  of  education. 

315)     §  5920.    SEC.  12.    It  shall  be  the  duty  of  the  treas-  Treasurer, 
ur  T  of  the  board  of  education : 

'"irst.  Within  ten  days  after  his*  election  or  appointment  to  TO  file  bond, 
ex  *ute  to  the  district  and  file  with  the  secretary  of  the  board  suret 
a  1  ond  in  the  full  amount  of  money  to  come  into  his  hands  dur- 
in  ,r  each   year  as  such   treasurer,  as  near  as  the  same  can  be 
ascertained,    with    two   or   more   sufficient   sureties,   each   of 
w  om  shall  justify  under  oath  and  before  a  proper  officer,  to 
tli  4  amount  for  which  he  is  held  in  the  bond,  and  the  sum  of 

f  su?h  amounts  shall  be  equal  to  the  full  amount  of  the  bond; 
01    the  treasurer  may  provide,  at   the  expense  of  the  district, 
a    similar   bond    of   some   surely   company   authorized   to   do  Surety 
bi  siness  in  this  states  said  bond  to  be  approved  by  the  presi- company' 
d<  nt  and  secretary  of  the  board,  conditioned  for  the  faithful 

,  performance  of  his  duties  under  this   act  and  honestly  ac- 
«  n  n  ting  for  all  moneys  coming  into  his  hands  belonging  to 
said  district  according  to  the  general  accounting  laws  of  the 
state.     Said  bond  when  approved  shall  be  filed  with  the  sec- where  filed. 
r<  tary  of  the  board,  and  none  of  the  books,  money  or  prop- 
eity  of  the  district  shall  be  placed  in  the  hands  of  the  treas- 
urer until  such  bond  has  been  so  filed  and  approved:  Provided,  Proviso, 
T  nit  if  for  any  unforeseen  reason  a  larger  sum  of  money  JJnSnd. 
si  on  Id  become  due  the  district  than  the  bond  would  cover,  the 
tieasurer  shall  increase  the  bond  to  the  proper  amount  before 
such  money  comes  into  his  hands.     In  case  of  any  breach  of  when  suit 
the  conditions  of  said  bond  the  president  shall  cause  suit  to  comm€ 
bi  commenced   thereon  in  the  name  of  the  district,  and  any 

;  n  oneys   collected    thereon    shall   be   paid   into   the  township 

I  treasury,  subject  to  the  order  of  the  district,  and  such  moneys 
s  tall  he  applied  Jo  ihe  same  purposes  as  the  money  lost  should 
have  been  applied  by  the  treasurer; 

Sec. ml.  The  treasurer  shall   have   the  care  and  custody  of  Custody  of 
all   the  moneys  of  the  district   roming  into  his  hands,  and  he  m 
*!iaH  not  loan  the  same,  nor  use  the  same  for  his  own  purposes, 
i  or  permit   other  private  individuals  or  corporations  to  use 
the  same  except    as  provided    bv   law,   nor  shall   he  mix    such 
noney   with   his   own    money,   but    he  shall  keep  it  separate 
J  ml  apart   from  all  other  funds  ; 

Third,  He  may,  with  the  consent  of  the  board  of  education,  Deposits,  ^ 
i  eposit  school  moneys  with  any  bank  or  banking  corporation 
.•  trust   company  for  safe-keeping,  and  n -411  ire  such  bank  or 


148 


STATE   OF   MICHIGAN. 


Proviso, 
inspection. 


Pay  orders. 


Keep  book  of 
accounts,  etc. 


Annual 
reports. 


company  to  pay  interest  thereon.  Such  deposit  shall  be  made 
in  his  name  as  treasurer  of  the  district,  and  such  interest 
shall  be  accounted  for  to  the  district  and  become  a  part  of 
the  general  fund  of  said  district:  Provided,  That  any  deposit 
of  such  funds  shall  not  be  privileged,  but  shall  be  open  to  in- 
spection of  any  trustee  of  the  district  or  any  person  authorized 
to  audit  school  accounts; 

Fourth,  To  pay  all  orders  of  the  secretary  when  lawfully 
drawn  and  countersigned  by  the  president,  out  of  any  moneys 
in  his  hands  belonging  to  the  fund  upon  which  such  orders 
may  be  drawn ; 

Fifth,  To  keep  a  book  in  which  all  moneys  received  and  dis- 
bursed shall  be  entered,  the  sources  from  which  the  same  have 
been  received,  and  the  person  to  whom  and  the  objects  for 
which  the  same  have  been  paid; 

Sixth,  To  present  to  the  district  board  and  to  the  district 
at  the  close  of  the  school  year  a  report  in  writing  containing 
a  statement  of  all  moneys  received  during  the  preceding  year 
and  of  each  item  of  disbursement  made,  and  exhibit  the 
vouchers  therefor,  and  said  vouchers  shall  be  filed  in  his  office 
permanently ; 

'Seventh,  To  appear  for  and  on  behalf  of  the  district  in  all 
suits  brought  by  or  against  the  same,  when  no  other  directions 
shall  be  given  by  the  qualified  voters  in  a  district  meeting, 
except  in  suits  in  which  he  is  interested  adversely  to  the  dis- 
trict, and  in  all  such  cases  the  president  shall  appear  for  the 
district ; 

Eighth,  At  the  close  of  his  term  of  office  to  settle  with  the 
district  board  and  to  deliver  to  his  successor  in  office  all 
books,  .vouchers,  orders,  documents  and  papers  belonging  to 
the  office  of  treasurer,  together  with  all  district  moneys  re- 
maining on  hand; 

Ninth,  To  perform  such  other  duties  as  are  or  shall  be  re- 
quired by  law  of  the  treasurer. 

(316)  §  5921.  iSBC.  13.  At  each  annual  school  meeting 
held  in  said  township  district  the  board  of  education  shall 
present  its  estimate  of  the  amount  of  money  needed  to  be 
raised  by  tax  during  the  ensuing  year  for  buildings  and  sites 
and  an  estimate  of  the  amount  for  which  bonds  shall  be  issued 
if  needed.  This  estimate  shall  be  presented  by  the  board  and 
considered  by  the  qualified  voters  during  the  last  two  hours 
of  the  time  during  which  the  polls  for  the  election  of  trustees 
•are  to  be  open,  or  between  the  hours  of  three  and  five  o'clock 
p.  m.  The  qualified  voters  on  the  question  of  voting  taxes 
present  at  that  time  shall  determine  the  amount  of  money  to 
be  raised  by  tax  for  these  purposes,  and  they  may  direct  that 
the  vote  shall  be  taken  by  ballot  or  in  any  other  way  which 
shall  be  deemed  best.  The  people  shall  have  authority  to  in- 
crease or  decrease  the  amount  of  the  estimate  submitted  by 
the  board  and  when  such  amounts  have  been  voted  by  a  major- 


Appear  for 
district 
in  suits. 


Deliver 
books,  etc. 


Other  duties. 


Annual 
meeting. 


Time. 


GENERAL  SCHOOL  LAWS.  149 

ily  .>f  the  qualified  voters  present  the  secretary  of  the  board 
of  (duration  shall,  on  or  before  the  lirst  Monday  of  August, 
cer  ify  to  the  township  clerk  of  the  township  the  amount  f  T;. 
sue  i  taxes,  together  with  the  amount  of  all  taxes  which  the 
boa  *d  of  education  is  authorized  to  impose,  and  said  town- 
ship clerk  shall  report  the  same  to  the  supervisor  of  the 
township,  and  if  the  township  district  is  a  fractional  district 
sai<.  clerk  shall  report  such  taxes  to  the  clerks  of  other  town- 
shi  >s  in  which  said  district  may  be  in  part  situated,  and 
sue  i  clerks  shall  report  the  amounts  to  their  respective  super- 
vis  TS  who  shall  spread  the  same  upon  the  regular  tax  roll  of 
su<  h  township  or  townships  in  the  manner  provided  for  by 
sta  :ute,  and  the  same  shall  be  levied,  collected,  and  returned 
in  he  same  manner  as  all  township  taxes:  Provided,  That  if  Proviso. 
th<  qualified  voters  present  as  aforesaid  do  not  or  can  not 
de  ermine  the  amount  of  money  to  be  raised  by  tax  for  the 
pu  -poses  specified,  the  board  of  education  shall  determine  the 
sai  le:  Provided  further,  That  special  meetings  of  the  district  Further 
in;  y  be  called  to  vote  on  the  question  of  bonding  the  district  pl 
foi  any  of  the  purposes  mentioned.  Such  vote  shall  be  by 
ba  lot  and  a  majority  of  the  votes  cast  shall  be  necessary  to 
ca  -ry  the  question.  The  form  of  ballot  shall  be :  "For  bonding  Form  of 

Ih.-  'township  district  for  f ,  Yes,"  "For  bonding  the  b{ 

township  district  for  $ ,  No."  On  the  ques- 
tion of  bonding,  the  board  of  education  shall  act  as  an  election 
boird  and  cause  a  poll  list  to  be  kept  and  a  suitable  ballot 
bos  used,  and  conduct  the  election  and  canvass  the  votes 
in  the  same  manner  as  a  regular  school  election.  When  ponds  to  ^ 
bo  ads  have  been  voted  the  board  shall  proceed  to  issue  and 
se'l  the  bonds  and  fix  the  rate  of  interest  and  term  of  pay- 
ments thereon.  The  period  of  any  school  bonds  shall  not 
exceed  fifteen  years:  Provided,  That  when  any  money  shall  Proviso, 
have  been  borrowed  by  any  township  school  district  upon  the 
bonds  of  said  district  the  qualified  voters  of  such  district 
shall  have  power  at  any  annual  or  special  meeting  to  impose 
a  tax  on  the  taxable  property  in  such  district  for  the  purpose 
of  paying  the  principal  or  any  part  thereof  and  the  interest 
thereon,  to  be  levied  and  collected  as  other  school  district 
taxes  are  levied  and  collected. 

(317)  §   5922.     SEC.    II.     All    taxes   assessed    within   said 
t<  wnship  or  township  district  for  school  purposes  shall  be  set 
f(  rth  in  the  assessment  roll  of  the  proper  township  in  a  sep- 
arate column,  apart  and  distinct  from  all  other  township  I  axe-. 

(318)  §    fiDl':;.      Si:c.    1.1.      The    treasurer   of    the    township  wii.-n  1  own- 
shall  at  any  time,  on  the  written  request  of  the  board  of  ednca-  '^Ifr  to'pay 
tion.  report    to  said  board   the  amount   of  >chool  money  in  his"v'TI"' 
hinds  and  shall,  on   the  order  of  the  secretary  of   the  board 
r-MintersigiKNl    by   the   president,   pay    to   the   treasurer  of    the 

board  all  or  any  of  such  moneys.     The  ireasiirer  of  the  town-  TO  mii«*-t 
siip  shall   collect    from    the   treasurers  of  other   townships  in 


150 


STATE  OF  MICHIGAN. 


Statement, 
board  to 
make,  con- 
tents, etc. 


Recording  of. 


Free  text- 
books, may 
be  submitted. 


which  the  district  may  be  in  part  located  all  school  moneys 
belonging  to  such  district  on  or  before  March  first  in  each 
year  and  report  the  same  to  the  township  clerk. 

(319)  §  5924.    SEC.  16.    The  said  board  of  education  shall 
annually,  on  or  before  its  regular  meeting  in  the  month  of 
June,  make  a  detailed  statement  of  the  number  of  schools  in 
said  township  district,  the  number  of  teachers  employed,  the 
number   of   pupils   instructed   therein   during   the  preceding 
year,  the  itemized  expenditures  of  said  board  for  all  purposes, 
the  resources  and  liabilities  of  said  district  and  also  an  esti- 
mate of  the  necessary  expenses  for  the  ensuing  year  exclusive 
of  the  income  from  the  primary  school  interest  fund  and  one 
mill  tax,  which  report  or  statement  shall  be  entered  at  length 
in   the   records   of   said   board   and   shall   be   publicly   read 
by  the  president  of  said  board  or  any  member  of  the  board, 
to  the  voters  of  the  township  at  their  annual  meeting  on  the 
second  Monday  of  J'uly, 

(320)  §  5925.     SEC.  17.     The  board  of  education  at  any 
annual  or  special  meeting  may  submit  to  the  voters  of  the 
district  the  question  of  free  text-books,  and  if  a  majority  of  the 
voters  present  shall  vote  in  favor  of  the  use  of  free  text-books, 
the  said  board  shall  be  authorized  to  proceed  to  make  a  con- 
tract with  some  dealer  or  publisher  to  furnish  the  necessary 
books  used  in  said  district  at  a  price  not  greater  than  the  net 
wholesale  price  of  such  books,  and  to  vote  a  tax  for  such  pur- 
pose:  Provided,   That  the  voters  at  such  meeting  may  direct 
the  board  of  education  to  advertise  for  proposals  and  bids  on 
such  contract.     Annually  thereafter  the  board  of  education 
shall  include  in  its  budget  a  sufficient  amount  to  maintain 
and  provide  the  proper  text-books  for  use  in  schools  and  such 
text-books  shall  be  sold  to  pupils  at  cost  and  furnished  free 
to  such  pupils  as  are  unable  to  buy  them,  and  such  books 
furnished  free  shall  be  the  property  of  the  district :   Provided 
further,  That  nothing  herein  contained  shall  prevent  any  dis- 
trict having  once  adopted  free  text-books  from  taking  further 
a'ction  on  the  subject  at  any  subsequent  annual  meeting. 

(321)  §  5926.     SEC.  18.  All  school  propei-ty,  -both  mil  and 
personal,  within  the  limits  of  the  township  district  as  created 
or  organized  under  this  act,  shall  by  force  of  this  act  become 
the  property  of  the  public  schools  of  the  township,  and  all 
debts  and  liabilities  of  the  several   districts  heretofore  or- 
ganized in  such  township  as  they  existed  prior  to  the  passage 
of  this  act  shall  become  the  debts  and  liabilities  of  the  said 
public  schools  of  the  township. 

(322)  §  5927.     SEC.  19.    All  money  raised  or  being  raised 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said 
township  as  described  herein,  shall  become  the  money  of  the 
public  schools  of  the  township,  and  no  tax  heretofore  ordered 
assessed  or  levied  for  school  purposes  in  said  township  or  other 
proceedings  shall  be  invalidated  or  affected  by  means  of  this 
act. 


Proviso,  bids. 


To  be  included 
in  budget. 


Further 
proviso. 


Property 
and  debts. 


Tax  not  in- 
validated, etc. 


GENERAL  SCHOOL  LAWS.  151 


(32.".i      ^  .V.rjs.     SKC.  20.     Tlie  compensation  of  members 
tli  j  hoanl  <>}'  education  other  than  the  secretary  and  treasurer  officers. 
[;.  sli  ill  be  two  dollars  for  attendance  at  each  regular  meeting 
of  the  board.    The  secretary  and  treasurer  of  said  board  shall 
re-  ,'eive  such  compensation  for  their  services  as  the  board  of 
r  education  may  determine,  not  exceeding  one  hundred  dollars 
I  t  o  •  the  treasurer  and  one  hundred  twenty-five  dollars  for  the 
secretary  per  annum.     The  amount  of  money  necessary  for 
tl  2  services  of  district  officers  shall  be  included  in  the  regular 
bid  gel    vote.l    by    il:e    hoard    of   elucation    and    shall   be   pail 
fr  >m  the  general  fund. 

(324)  §  51)2!).    Si;c.  21.    The  several  township  officers  shall  Board, 
b<    ineligible  to  election  as  members  of  the  board  of  ednca-  £££•» 
ti  m   during  the  term   for  which  they  were  elected   and   any  ineligible- 
v<  tes  cast  for  such  township  officers  for  members  of  the  board 

o   education  shall  be  void.    It  shall  be  illegal  for  any  member  Member  not 

0  the  board  of  education  to  act  as  agent  for  any  author,  pub- 
li  ;her  or  seller  of  school  books  or  school  apparatus,  or  to 
]•<  ceive  any  gift  or  reward  for  his  influence  in  recommending 
tl  e  purchase  or  use  of  any  school  book  or  apparatus  in  the 

siate  of  Michigan.     It  shall  be  illegal  for  any  member  of  the  interest  in 
1)  >ard  of  education  to  perform  any  labor  except  as  provided  c( 
ii    this  act,  or  furnish  any  material  or  supplies  for  the  school 
d  strict  in  which  he  is  an  officer,  and  he  shall  not  be  personally 
ii  terested  in  any  way  whatever,  directly  or  indirectly,  in  any 
contract  with  the  district  in  which  he  holds  office.    Any  act  Penalty. 
h  'rein  prohibited,  if  performed  by  any  such  school  officer, 
shall  be  deemed  a  misdemeanor  and  he  shall  be  liable  to  the 
p  inishment  provided  for  such  offense  in  accordance  with  the 
p:-n\  isions  of  the  statute  iii  such  ca.se  made  and  provided. 

Justices  of   tin-    peace  who   were  selected   trustees   of  a   school  district   and 
n  •<>;rni/.<Nl     :is   pmjh-r  oHirials   thoreof    for  a    year   or   upwards    were   de  facto 

01  i.-ials.    though    disqualil'H  d    from    acting    in    the   two   capacities   by   2    compiled 
laws   r.H.l.   s   .'.'.'•-•'.i.—  Connine  v.  Smith,  11)0,  .  i1. 

(325)  §  5930.     SEC.  22.     Any  person  duly  elected  to  the  Refusal  to 
oflice  of  trustee  of  any  township  district,  who  shall  neglect  SCperfo°rmCe 
of  refuse  without   sufficient  cause  to  accept    such  office  and  duty- 

-  sjrve  therein,  or  who  having  entered  upon  the  duties  of  his 
otVice  shall  neglect  or  refuse  to  perform  any  duty  required  of 
him  by  virtue  of  his  oHice.  shall,  upon  conviction  in  any  court 
of  competent  jurisdiction,  be  lined  not  less  than  ten  dollars  in 
t  ie  discretion  of  the  court,  and  if  he  shall  still  continue  to  ne- 
glect or  refuse  to  perform  the  duties  he  shall  be  liable  for  a 
similar  forfeiture  for  each  such  offense;  or  any  such  officer 
i  lay  he  removed  from  ollice  in  the  manner  provided  in  this  act. 

i.  ".lit;  i  £  r»!i:il.  Si;r.  I!:;.  The  superinteiiduit  of  public  in-  K«-moval 
>liuction  shall  have  power  and  is  hereby  required  to  remove 
from  otlice,  upon  satisfactory  proof  and  after  at  least  ten 
<  ays'  notice  to  the  party  implicated,  any  trustee  of  any  town- 
>hip  x-hon]  district  who  shall  have  illegally  used  or  disposed 
any  of  the  public  moneys  entrusted  to  his  charge,  or  who 


152 


STATE  OF  MICHIGAN. 


Proviso, 
when  order 
to  stand. 


Consolida- 
tion of 
townships, 
board  to  act. 


Joint  session, 
appraisal. 


shall  persistently  and  without  sufficient  cause  refuse  or  neglect 
to  discharge  any  of  the  duties  of  his  office,  and  in  case  of  such 
removal  it  shall  be  the  duty  of  the  said  state  superintendent 
to  record  in  the  office  of  the  township  clerk  of  such  township 
the  resolution  or  order  for  such  removal,  and  such  record  of 
such  resolution  or  order  so  entered,  or  a  certified  copy  thereof, 
shall  be  prima  facie  evidence  in  all  courts  and  places  of 
jurisdiction  of  the  regularity  of  such  proceedings  for  removal, 
and  said  state  superintendent  shall  file  a  similar  copy  of  the 
proceedings  in  the  records  of  his  office:  Provided,  That  if 
the  party  so  removed  shall,  within  thirty  days  after  such  re- 
moval, institute  proceedings  before  a  court  of  competent 
jurisdiction  for  the  setting  aside  of  such  order  for  removal 
from  office,  or  if  after  said  thirty  days  such  proceedings  to 
obtain  such  removal  shall  be  discontinued  or  dismissed,  the 
said  order  for  removal  from  office  shall  stand  and  not  be 
subject  to  attack  by  any  legal  proceedings  thereafter. 

(327)  §  5932.  SEC.  24.  When  any  township  district  com- 
prising one  township  shall  be  divided  into  two  or  move 
townships  or  when  any  two  townships  are  consolidat- 
ed for  school  purposes,  the  existing  board  or  boards 
of  trustees  shall  continue  to  act  for  all  the  townships 
until  the  same  shall  have  been  organized  and  the  township 
boards  of  trustees  duly  elected  and  qualified  therein.  Im- 
mediately after  such  organization  the  township  boards  of 
education  of  each  of  the  townships  shall  meet  in  joint  session 
and  direct  an  appraisal  of  all  the  school  property  of  the  former 
township  to  be  made.  When  such  appraisal  has  been  made 
said  township  board  of  education  shall  make  an  equitable 
division  of  the  existing  assets  and  liabilities  of  the  school 
districts  of  such  former  township,  basing  their  apportionment 
upon  the  amount  of  taxable  property  in  the  township  divided, 
as  shown  by  the  last  assessment  roll  of  such  former  township. 
When  the  township  district  shall  be  altered  in  its  limits  by 
annexing  a  portion  of  its  territory  to  another  township  or 
townships,  the  township  boards  of  education  of  such  townships 
shall,  immediately  after  such  alteration,  meet  in  joint  session 
and  make  an  equitable  "division  of  the  assets  and  liabilities 
of  the  school  districts  of  the  township  from  which  the  territory 
has  been  detached,  basing  their  division  upon  the  amount  of 
taxable  property  as  the  same  shall  appear  upon  the  last 
assessment  roll  of  such  township:  Provided,  That  any  town- 
ship school  district  operating  under  a  special  act,  the  original 
act  of  which  was  passed  at  one  of  the  sessions  of  the  legisla- 
ture between  eighteen  hundred  ninety-three  and  nineteen  hun- 
dred seven,  inclusive,  and  not  having  within  its  borders  a  vil- 
lage or  city  of  more  than  five  hundred  population,  shall  operate 
under  the  provisions  of  this  act  after  the  annual  meeting  in 
July,  nineteen  hundred  twenty-two,  without  reorganization. 
At  the  annual  meeting  on  the  second  Monday  in  -Inly,  nine- 
teen hundred  twenty-two,  there  shall  be  elected  in  such  town- 


Alteration 

of  district. 


Proviso, 
certain  dis- 
tricts. 


Trustees, 
election  of. 


(IFA'KKAL  SCHOOL  LAWS.  153 


slii  •  disli-icls  live  Irusiees  in  the  manner  and  for  tin*  terms 
pr<  >  ided  in  this  act  Tor  the  election  of  the  lirst  board  of  educa- 
tin  i.  The  said  board  of  education  immediately  after  its  or- 
gai  i/ation  as  provided  in  this  act' shall  settle  with  the  treas- 
nn  !•  of  the  hoard  of  education  in  control  of  said  district  op- 
eni  :ing  under  the  special  act.  and  all  records,  papers,  books. 
m<<  iey,  and  other  property  of  said  board  shall  be  turned  over 
im  lediately  thereafter  to  the  proper  officers  of  the  board  of 
ed  caiion  elected  under  the  provisions  of  this  act:  Provided,  Proviso 
Th  it  the  boundary  lines  of  any  township  district  organized 
un  ler  the  provisions  of  this  act  may  be  altered  by  attaching 
or  letaching  territory.  In  such  altering  of  the  boundary  lines 
of  ,aid  township  district  the  school  board  of  the  township  dis- 
tri  -t  or  districts  shall  act  for  the  township  districts,  and  the 
to1  rnship  board  or  boards,  if  fractional,  shall  act  for  primary 
or  graded  districts  in  the  same  manner  as  provided  in  the 
ge  ieral  school  law  for  the  change  of  boundaries  of  primary  dis- 
tri-ts.  In  such  annexation  or  detaching  of  territory  the 
tovn.sliip  school  district  organization  shall  continue  to  be 
tht  school  organization  for  the  township  school  district  the 
sa  ne  as  if  no  territory  had  been  attached  or  detached. 

im.   1021,  Act  133. 

(328)  §  5933.  Si:c.  IT).  When  any  ten  or  more  qualified  Appeal  from 
vo  ers  iii  any  township  district  shall  feel  themselves  aggrieved  boSn?.01 
by  any  action,  order  or  decision  of  the  board  of  education 
with  reference  to  the  formation  of  any  school,  the  division  or 
ar  •angement  of  any  territory,  or  location  of  the  schools,  or 
th''  maintaining  of  school  in  any  part  of  said  district,  they 
may,  at  any  time  within  ninety  days  from  the  time  of  such 
act  ion  on  the  part  of  said  board  of  education,  appeal  from  such 
ariion,  order  or  decision  of  said  board  of  education  to  the 
state  superintendent  of  public  instruction,  -and  notice  of  such 
appeal  shall  be  served  on  the  secretary  of  the  board  of  educa- 
tion. The  superintendent  of  public  instruction,  upon  the  supt.  of  pub- 
receipt  of  such  appeal,  shall  have  power  to  entertain  such  lion?3uty~of. 
aj  peal,  and  review,  contirm,  set  aside  or  amend  the  action, 
order  or  decision  of  the  board  of  education  thus  appealed 
fr  mi,  or  if  in  his  opinion  the  appeal  is  frivolous  or  without 
srflicient  cause,  he  ni;iy  summarily  dismiss  the  same.  Said 
st  iic  superintendent  of  public  instruction,  before  acting  upon 
si  ch  appeal,  may  visit  the  locality  or  appoint  some  one  to  do 
s( ,  and  investigate  carefully  the  action,  order  or  decision  and 
iN  ell'ect  upon  the  district  and  the  conditions  surrounding 
11  e  same,  and  he  or  his  appointee  shall  give  a  hearing  at  some 
place  within  the  county  where  such  township  district  may  be 
located  and  to  such  hearing  he  may  summon  the  board  of  edu- 
cation, the  complainants  and  any  persons  who  may  have 
knowledge  of  the  matter  at  issue.  After  the  hearing  a'nd  due 
consideration,  said  superintendent  shall  render  his  decision 
which  shall  be  tinal. 


154 


STATE  OF  MICHIGAN. 


TOWNSHIP    SCHOOL    DISTRICTS    IN    UPPER 
PENINSULA. 


Petition  for 
organization. 


Clerk  to 

notify 

board. 


When  town- 
ship to  be- 
come single 
district. 


Proviso, 
as  to  sub- 
districts. 


An  Act  for  the  organization  of  township  school  districts  in  the  upper 

peninsula. 

[Act  176,  P.  A.   1891.] 

The  People  of  the  State  of  Michigan  enact: 

(329)  §  5892.  SECTION  1.  Whenever  the  qualified  electors 
of  any  organized  township  in  the  upper  peninsula  desire  to 
become  organized  into  a  single  school  district,  they  may 
petition  the  township  board  to  proceed  as  hereinafter  pro- 
vided for  organizing  a  township  school  district.  Such  peti- 
tion shall  be  signed  by  a  majority  of  the  electors  of  the  town 
ship  qualified  to  vote  at  school  meetings  and  shall  be  filed  in 
the  office  of  the  township  clerk  at  least  fifteen  days  prior  to 
the  first  day  of  July.  Upon  the  receipt  and  filing  of  said 
petition,  the  township  clerk  shall  notify  the  members  of  the 
township  board  and  the  school  inspectors  of  the  township  to 
attend  a  special  meeting  to  be  held  not  more  than  five  days 
thereafter,  at  which  meeting  it  shall  be  the  duty  of  such  town- 
ship board  to  compare  the  names  signed  to  the  petition 
with  the  names  appearing  on  the  list  of  registered  voters 
qualified  to  vote  at  school  meetings,  and  if  it  be  found  that 
a  majority  of  the  voters  so  qualified  to  vote  have  signed  the 
petition  that  the  organized  township  of  which  they  are  resi- 
dents be  organized  as  a  single  school  district,  the  township 
board  shall  give  notice  by  posting  notices  thereof  in  five 
public  places  in  said  township,  that  on  the  second  Monday 
of  July  the  following  officers  will  be  elected  for  such  school 
district ;  and  they  shall  make  and  file,  both  with  the  county 
clerk  and  with  the  county  commissioner  of  schools  of  the 
county  in  which  such  township  is  located,  a  certified  copy  of 
the  above  mentioned  petition,  together  with  their  finding  and 
doings  thereon;  and  when  the  district  officers  sl;a  11  have  been 
duly  elected  and  shall  have  filed  their  acceptance  with  the 
township  clerk,  such  township  shall  become  a  single  school 
district  which  shall  be  subject  to  all  the  general  laws  of  the 
state,  so  far  as' the  same  may  be  applicable,  and  said  district 
shall  have  all  the  powers  and  privileges  conferred  upon 
graded  school  districts  by  the  laws  of  this  state,  all  the  gen- 
eral provisions  of  which  relating  to  'common  or  primary  schools 
shall  apply  and  be  enforced  in  said  district,  except  such  as 
shall  be  inconsistent  with  the  provisions  of  this  ad  :  .Pro- 
vided, That,  immediately  after  the  organization  of  the  town- 
ship district,  the  board  of  education  may  divide  the  township 
into  such  number  of  sub-districts  as  they  may  deem  necessary 
for  the  accommodation  of  all  children  of  school  age  therein, 
designating  the  same  as  follows:  Sub-district  number  01 
sub-district  number  two,  etc. 


er  one, 


GENERAL  SCHOOL  LAWS. 


1  is    act    is    constitutional. — Perrizo    v.    Kesler,    93/280 ;    Keweenaw    Ass'n 

v.    s  h.    Dist.,    98/441.     The    provision    authorizing    the    township    board    and 

echo  inspectors  to  determine   whether  a  majority  of  the  qualified  electors  of 

th<>  >wnship   have   signed   the   petition,   is   sufficient. — Id.     As   to   filing  a   cer- 

tifi.-.  copy    of    the    petition,    etc.,    with    the    county    commissioner    of    schools, 

inst*  d  of  with  the  secretary  of  the  board  of  school  inspectors,  see  Id.  284.     See 

Ami;  JT  General   v.  Aycr,  211/244. 

(  130)     §  5893.     SEC.  2.     The  officers  of  said  district  shall  Board  of 
con -1st  of  five  trustees,   who   shall   constitute  the  board  of cducation- 
cili  -ation  of  said  district',  and  the  term  of  office  shall  be  three 
yea  -s.    On  the  second  Monday  of  July  following  the  action  of  when 
the  township  board,  as  stated  in  section  one  of  this  act,  the  elected3 
qm  lified  voters  of  the  township  shall  proceed  to  elect  from 
the  r  number,  by  ballot,  one  trustee  for  the  term  of  one  year, 
t\v<    for  the  term  of  two  years  and  two  for  the  term  of  three 
ye;   s,  and  annually  thereafter  a  successor  or  successors  to 
the  trustee  or  trustees  whose  term  of  office  shall  expire.     The  Term  on 
tern   for   which   the  person  voted  for  is  intended   shall  be ballot- 
do  gnated  on  the  ballot.    The  qualifications  of  voters  and  the  General  law 
coi  ditions  of  eligibility  for  office  holding  shall  be  the  samegover) 
as    n-ovided  in  the  general  school  laws.     At  the  first  election  First  election. 
lie!  1  in  said  district,  the  township  board  shall  act  as  a  board 
of   'lection,  and  they  shall  canvass  the  votes  in  the  same  man- 
nei  as  votes  for  elective  township  officers  are  canvassed.    At  Succeeding 
succeeding  elections  the  qualified  voters  present  shall  desig- e 
naie  three  qualified  voters  to  act  as  a  board  of  election  and 
bo;  rd  of  canvassers,  who  shall  respectively  take  and  subscribe 
the    constitutional  oath  of  office,  which  oath  any  member  of 
the   board  of  trustees  may  administer.     In   the  election  of  Majority 
trustees  the  person  or  persons  receiving  a  majority  of  all  the  el 
voles  cast  shall  be  declared  elected,  and  he  or  they  shall  hold 
office  until  his  or  their  successor  or  successors  shall  have  been 
du  y  elected  and  filed  his  or  their  acceptance.     The  annual  Annual 
meeting  of  said  district  shall  occur  on  the  second  Monday  of  wSan'd 
July  in  each  year,  at  the  usual  place  of  holding  the  annual  where held- 
township  meeting  and  it  shall  be  the  duty  of  the  secretary  to  Notice  given, 
ghe  notice  of  all  annual  meetings  and  of  any  special  meet- 
ing of  said  district  by  posting  a  written  or  printed  notice 
thereof  in  at  least  five  conspicuous  places  in  said  township 
at   least   live  days  prior  to  said  meeting.    At  the  first  school  Opening  and 
meeting  ami  all  succeeding  annual  meetings  the  polls  shall  p^Ss"5 of 
npen  at  three  o'clock  p.  in.,  and  be  kept  open  four  hours,  dur- 
in;  the  last  hour  of  which  time  the  voters  shall  transact  such  Transaction 
business  as  may  lawfully  come  before  them,  according  to  the  SSiSnS?1 
provisions  of  section  nine  of  this  act,  except  where  the  board 
of  education  of  any  district  has  designated   a  diiVercnt   hour, 
di  ring    said   lour    hour  period,    for   The  t  ransart  ion    of    such 
l)i  siness  and   notice  thereof  has  been   givui  in  the  notice  of 
such   meeting,   then   such   business   may   be   transacted  during 
such    designated    hour.      In   all    townships   organi/ed    prior   to  Organizations 
A  .ril    first,   nineieen   hundred    three,   under   the  provisions  Of £§(£ Aprfl 
ail    number    one    hundred    seventy  six    of    the    public    acts    of 
eighteen    hundred    ninety  one,    the    first   election    of    trustees 


ir,fi 


STATE  OP  MICHIGAN. 


Proviso, 
April,  1903. 


under  this  art  shall  be  held  on  ihe  second  Monday  of  July, 
nineteen  hundred  three,  in  the  manner  provided  in  this  section 
for  the  election  in  a  township  newly  organized  as  a  single 
school  district;  and  immediately  thereafter  the  records,  prop- 
erty and  documents  belonging  to  said  district  shall  be  turned 
over  to  the  newly  elected  board  of  education :  Provided,  That 
the  district  officers  elected  at  the  annual  election  in  April, 
nineteen  hundred  three,  under  the  provisions  of  act  number 
one  hundred  seventy-six  of  the  public  acts  of  eighteen  hun- 
dred ninety-one,  shall  act  as  the  board  of  education  until  the 
trustees  elected  on  the  said  second  Monday  in  July,  nineteen 
hundred  three,  shall  have  filed  their  acceptances  and  become 
duly  qualified. 

Am.   1919,  Act  13i8. 

Perrizo  v.  Kesler,  93/2<S3<;  People  v.  Anderson,   198/39. 

(331)  §   5894.     SEC.  3.     Within  five  days  after  the  first 
election  under  this  act,  the  township  clerk  shall  notify,  in 
writing,  the  persons  elected  trustees  of  their  election,   and 
within  five  days  thereafter  said  trustees  so  elected  shall  take 
and  subscribe  the  oath  of  office  prescribed  by  the  constitution 
of   this   state,   before   any    officer    authorized    to    administer 
oaths,  and  file  the  same  with  the  township  clerk:    Provided, 
That  after  the  district  shall  have  been  organized  under  the 
provisions  of  this  act,  the  members  of  the  board  of  education 
shall  file  their  acceptances  with  the  secretary  of  the  board. 

(332)  §  5895.    SEC.  4.    The  members  of  the  board  of  edu- 
cation shall  meet  on  the  fourth  Monday  of  July  following  the 
first  election  under  this  act  and  elect  from  their  number  a 
president,  a  secretary,  and  a  treasurer,  who  shall  severally 
serve  in  such  capacity  during  his  term  of  office  and  until  his 
successor  shall  have  been   duly  elected  and  duly  qualified. 
The  president  shall  preside  at  all  meetings  of  the  district,  and 
of  the  board,  and  perform  such  other  duties  as  are  required 
of  the  moderator  in  a  primary  school  district.    The  secretary 
shall  faithfully  record  all  proceedings  of  annual  and  special 
meetings  of  the  district  and  of  all  meetings  of  the  board, 
receive   and   file  all   records,   papers,   and   other   documents 
belonging  to  the  district,  and  perform  such  other  duties  as 
are  required  of  the  director  in  primary  school  districts.     It 
shall  be  the  duty  of  the  treasurer  in  each  district  to  execute 
and  file  with  the  secretary,  within  ten  days  after  his  election 
or  appointment,  a  bond  in  the  full  amount  of  money  to  come 
into  his  hands  as  such  treasurer  during  his  term  of  office, 
as  near  as  the  same  can  be  ascertained,  with  two  sufficient 
sureties  who  shall  be  residents  of  the  same  county,  or  shall 
furnish  a  similar  bond  of  some  surety  company  authorized  to 
do  business  in  this  state,  to  be  approved  by  the  president 
and  secretary  of  the  board,  conditioned  for  the  faithful  per- 
formance of  his  duties  under  this  act,  and  honestly  account- 
ing for  all  moneys  coming  into  his  hands  belonging  to  said 
district.    It  shall  be  the  duty  of  the  treasurer  of  said  board  to 


Officers,  how 
notified  of 
election. 


Proviso. 


Board  of 
education, 
how 
organized. 


Duties  of 
president. 

Secretary. 


Treasurer. 


(I KNK UAL  SCHOOL  LAWS. 


appl  r  for  and  receive  from  flic  township  treasurer,  or  other 
oflict  r  holding  the  same,  on  the  presentation  of  a  warrant 
sign><!  by  the  president  and  secretary  of  the  school  hoard,  all 
inon  -ys  appropriated  or  apportioned  for  primary  schools  and 
for  <  istrict  library  of  said  district.  The  said  treasurer  shall 
ha vi  the  keeping  of  all  school  and  library  moneys,  and  shall 
not  >ay  out  the  same  without  the  authority  of  the  board,  upon 
war  ants  or  orders  drawn  upon  him  and  signed  by  the  secre- 
tary and  countersigned  by  the  president  ;  and  he  shall  perform 
sucl  other  duties  as  are  required  of  the  treasurer  in  primary 
schi  ol  districts. 

(:  33)     §  58! Hi.     Si;c.  5.    Said  board  of  education  shall  have  vacancies. 
po\\  ?r  to  fill  all  vacancies  that  may  occur  in  the  office  of 
trii.-  tee  until  the  next  annual  election,  and  such  trustee  shall 
file  with  the  secretary  of  said  board  his  oath  of  office  within 
five  days  after  such  appointment  by  the  "board. 

(J34)  §  5897.  SEC.  6.  A  majority  of  the  members  of  said  Quorum, 
boa -d  shall  constitute  a  quorum,  and  the  regular  meetings"1 
of  }  aid  board  shall  be  held  on  the  fourth  Monday  of  March, 
Jui  e,  September,  and  December  in  each  year,  and  no  notice 
of  }  uch  meetings  shall  be  required,  and  any  two  members  of 
sail  board  shall  be  sufficient  to  adjourn  any  meeting  from  time 
to  time  until  a  quorum  is  present.  Special  meetings  of 
said  board  may  be  called  at  any  time  on  the  request  of  the 
president,  or  any  two  members  thereof,  in  writing,  delivered 
to  he  secretary:  and  the  secretary,  upon  receiving  such  re- 
ijinst,  shall  at  once  notify  each  member  of  said  board  of  the 
time  of  holding  such  meeting,  which  shall  be  at  least  two  days 
sul  sequent  to  the  time  of  receiving  such  request  by  said  secre- 
tary :  Provided,  That  in  case  all  the  members  shall  sign  a  proviso.  . 
wa  ver  of  notice  on  the  minute  book  of  the  secretary  no  notice 
shall  be  necessary.  All  records  and  papers  of  said  district 
shall  be  kept  in  the  custody  of  said  secretary  and  shall  be  open 
to  the  inspection  of  any  qualified  voter  of  said  district. 

K'Jchafer  v.   Sch.  Dist.,    11G/206. 
335)     §  5898.    SEC.  7.    The  said  board  shall  be  the  board  of  TO  be  board 
Kiool   inspectors  fur  said  district  and  shall,  as  such,  report 
to  the  clerk  of  the  county  in  which  such   township  is  locate  I 
an  1  shall  have  all   the  powers  and  perform  all   the  duties  now 
'enjoyed   and    performed    hy   boards   of  school    inspectors:   and 
th«>   secretary   of   said    board    shall    perform    all    the   duties   re- 
quired by  law  of  the  chairman  of  the  board  of  school  inspect- 
<»r»;  and   the  board  of  school   inspectors  for  such   township  is 
hereby  abolished,  except  as  its  powers  are  vested  in  said  board 
i  of  education. 

<:;:;<;»      ^    r»S!i!».      Si;<\   s.      The   board    of   education    of   said  p.m. 
district  shall  have  power  and  authority  to  designate  and  pur-'1 
•chase  schoolhouse  sites,  eiert  buildings  and  furnish  rhe  same, 
employ  legally  qualified    teacher-,    provide  books   for  district 
library,  make  by-la\\s  relative  to  taking  th<  of  all  chil- 


158 


STATE  OP  MICHIGAN. 


dren  in  said  district  between  the  ages  of  five  and  twenty 
years,  and  to  make  all  necessary  reports  and  transmit  the 
same  to  the  proper  officers  as  designated  by  law,  so  that  the 
district  may  be  entitled  to  its  proportion  of  the  primary  school 
interest  fund;  and  said  board  shall  have  authority  to  make 
all  needful  regulations  and  by-laws  relative  to  the  visitation 
of  schools;  relative  to  the  length  of  time  school  shall  be 
kept,  which  shall  not  be  less  than  five  months  in  each  year; 
relative  to  the  employment  of  teachers  duly  and  legally  quali- 
fied; relative  to  the  regulation  of  schools  and  the  books  to 
be  used  therein;  and  generally,  to  do  all  things  needful  and 
desirable  for  the  maintenance,  prosperity,  and  success  of 
the  schools  of  said  district,  and  the  promotion  of  a  thorough 
education  of  the  children  thereof.  When  in  any  contiguous 
territory  of  said  township  district  there  are  ten  or  more  chil- 
dren of  school  age,  living  not  less  than  three  miles,  nor  more 
than  eight  miles,  from  any  schoolhouse  in  said  district,  the 
board  of  education  shall,  upon  the  petition  of  a  majority 
of  the  parents  or  legal  guardians  of  said  children,  provide 
school  advantages  for  such  children,  either  by  establishing  a 
sub-district,  or  by  providing  transportation  to  some  school 
already  established  within  the  township. 

Perrizo  v.  Kesler.  93/283. 

(337)  §  5900.    SEC.  9.    At  each  annual  school  meeting  held 
in  said  township,  the  qualified  voters  present  shall  determine 
the  amount  of  money  to  be  raised  by  tax  for  all  school  pur- 
poses for  the  ensuing  year :  Provided,  That  in  case  the  voters 
at  any  annual  school  meeting  shall  neglect  or  refuse  to  deter- 
mine the  amount  to  be  raised  as  aforesaid,  then  the  board 
of  education  shall  determine  the  same  at  the  first  regular 
meeting  thereof,  which   amount  the  secretary   shall,  within 
thirty  days  thereafter,  certify  to  the  supervisor  of  the  town- 
ship, who  shall  spread  the  same  upon  the  regular  tax  roll  of 
said 'township,   and  the   same  shall   be  levied,  collected   and 
returned  in  the  same  manner  as  other  township  taxes:   Pro- 
vided, That  for  purchasing  school  lots  and  for  erecting  school- 
houses  no  greater  sum  than  three  mills  on  the  dollar  of  all 
the  taxable  valuation  of  the  real  and  personal  property  in 
said  township  shall  be  levied  in  any  one  year. 

Auditor   General   v.    Duluth,    South    Shore,    etc.,    Il'6/12i2 ;    Auditor   General 
v.  Sparrow,  116/5T6. 

(338)  §  5901.     SEC.  10.     All  taxes  assessed  within  said 
township  for  school  purposes  shall  be  set  forth  in  the  assess- 
ment roll  of  said  township,  in  a  separate  column,  apart  and 
distinct  from  all  other  township  taxes. 

(339)  §   5902.     SEC.  11.     The  treasurer  of  the  township 
shall,  at  any  time,  at  the  written  request  of  said  board  of  edu- 
cation, report  to  said  board  the  amount  of  school  money  in 
his  hands,  and  shall,  on  the  order  of  the  secretary  of  said 


Electors  to 
determine 
amount  to 
be  raised. 

Proviso,  as 
to  neglect. 


Proviso,  as 
to  amount. 


Taxes  to 
be  set  forth 
in  roll. 


Treasurer 
to  report 
to  board. 


GENERAL  SCHOOL  LA1 


boa  d  of  education,  countersigned  by  the  president,  pay  to  the 
tre;  surer  of  said  board,  all  or  any  <>f  such  money. 

(  :40)  §  5903.  SEC.  12.  The  said  board  shall  annually,  Board  to 
pri<  r  to  the  second  Monday  of  July  in  each  year,  make  a 
<lct  iled  statement  of  the  number  of  schools  in  said  district, 
the  number  of  teachers  employed,  the  number  of  pupils  in- 
stn  cted  therein  during  the  preceding  year,  the  expenditures 
of  aid  board  for  all  purposes,  the  resource*  and  liabilities 
of  aid  district,  and  also  an  estimate  of  the  necessary  ex- 
pei  ^es  for  the  ensuing  year  exclusive  of  the  income  from  the 
pri  iary  school  interest  fund  and  one  mill  tax,  which  report 
or  tatement  shall  be  entered  at  length  in  the  record  of  said 
bo;  rd  and  shall  be  publicly  read  by  the  president  of  said 
bo;  rd,  or  in  his  absence  by  the  secretary  thereof,  to  the  voters 
of  aid  township,  at  their  annual  meeting  on  the  second  Mon- 
da;  of  July. 

'  lie  purpose  of  requiring  a  statement  and  estimate  to  l>e  made,  entered  in 
the  -coord,  and  read  at  the  annual  mei-tintr.  heini;  t  >  advise  tl'.e  voters  then- 
pres  -nt  of  the  condition  of  the  school  and  its  I'man--.  s.  \\!'<  r«>  a  detailed  state- 
inn,  was  read  at  the  annual  meet  in-,  the  omission  tn  enter  same  upon  the 
reco  -d  was  properly  held  by  the  court  below  not  to  avoid  the  tax. — Auditor 
Ci-n  ral  v.  Ayer,  211/244. 

i.°>n)     §   5904.     SEC.  1H.     All  school  property,  both  real  Disposition 
ami  personal,  within  the  limits  of  a   township  5 ncorporated  property, 
as  aforesaid,  shall,  by  force  of  this  act,  become  the  property 
of   the  public  schools  of  such   township,   and  all   debts  and 
lia  nlities  of  the  primary  school   districts   of  said   township. 
as  they  existed  prior  to  its  incorporaton  under  the  provisons 
of  this  act,   shall  become   the    debts  and    liabilities    of    said 
pu  die  schools  of  the  township  so  incorporated. 

Vliile  the  injustice  and  inequality  of  tins  section  mr-v  well  l»e  admitted  in 
"''"'  I'.V  casee'  -vet  tncrc  is  no  constitutional  objection  tn  it.  l'erri/,n  v.  Kes- 
i€T,  '•'3/283L4. 

•  '•!-)      §  5905.     SEC.  14.    All  money  raised  or  being  raised  of  moneys 
by  tax,  or  accrued  or  accruing  to  the  school  districts  of  said  Sut    ^ 
township,  as  organized  under  the  primary  school  laws  of  this 
si;  te  shall  hereby  become  the  money  of  the  public  schools  of 
the  township,  and  no  tax  heretofore  ordered  assessed  or  levied 
fo:-  school   purposes   in   said    township,  or  other  proceedings, 
sh  ill  be  invalidated  or  affected  by  means  of  this  act. 

(343)     §  5900.     SEC.  15.     The  compensation  of  the  mem- Compensation 
bers  of  the  board  of  education  other  than  the  secretary  and  * 
treasurer  shall  be  two  dollars  for  attendance  a!   each   regular 
ni"eting  of  the  board.     The  secretary   and    treasurer  of  said 
board  shall  receive  such  compensation   for   their  services  as 
the  board   of  education    may   determine,   not  exceeding  one 
hvndred  dollars  for  the  treasurer  and  one  hundred  twenty-five 
d<  liars  for  the  secretary,  per  annum. 

i..".M  )      $  r>!M»7.     SEC.  16,     Wh-n  any  township  district  shall  incase  of 
be  divided  into  two  or  more  townships,  the  existing  board  of  townShip* 
trustees  shall  continue  to  an   fur  all  the  townships  until  the 
£ame  shall   have  been  organized   and   the  township  boards  of 


160 


STATE  OF  MICHIGAN. 


trustees  duly  elected  and  qualified  therein.  Immediately  after 
such  organization  the  township  boards  of  education  of  each 
of  the  townships  shall  meet  in  joint  session  and  direct  an 
appraisal  of  all  the  school  property  of  the  former  township 
to  be  made.  When  such  appraisal  has  been  made,  said  town- 
ship boards  of  education  shall  make  an  equitable  division  of 
the  existing  assets  and  liabilities  of  the  school  districts  of 
such  former  township,  basing  their  apportionment  upon  the 
amount  of  taxable  property  HI  the  township  divided,  as  shown 
by  the  last  assessment  roll  of  such  former  township.  When  a 
township  district  shall  be  altered  in  its  limits  by  annexing  a 
portion  of  its  territory  to  another  township  or  townships, 
the  township  boards  of  education  of  each  of  the  townships 
shall,  immediately  after  such  alteration,  meet  in  joint  session 
and  make  an  equitable  division  of  the  assets  and  liabilities 
of  the  school  districts  of  the  township  from  which  the  terri- 
tory has  been  detached,  basing  their  division  upon  the  amount 
of  taxable  property  as  the  same  shall  appear  upon  the  last 
assessment  roll  of  such  township. 


Alteration, 
etc. 


Sections  17  and  18  of  this  act  were  added  by  Act  154  of  1903",  Act  7,  P. 
A.  IflOO,  repealed  sections  17  and  18  as  so  added,  and  again  added  section  17, 
which  repealed  all  contravening  acts. 


When  graded 
district 
changed  to 
primary 
district. 


CHANGE  TO  PRIMARY  SCHOOL  DISTRICT. 


An  Act  to  provide  a  method  whereby  township  school  districts  or- 
ganized under  act  number  one  hundred  seventy-six  of  the  public 
acts  of  eighteen  hundred  ninety-one,  entitled  "An  act  for  the  organi- 
zation of  township  school  districts  in  the*  upper  peninsula,"  com- 
prised in  sections  five  thousand  eight  hundred  ninety-two  to  five 
thousand  nine  hundred  eight,  inclusive,  of  the  compiled  laws  of 
nineteen  hundred  fifteen,  may  change  to  one  or  more  primary 
school  districts. 

[Act  100,   P.   A.   119211.] 


I 


The  People  of  the  State  of  Michigan  enact: 

(345)  SECTION  1.  Whenever  the  trustees  of  any  townsh 
school  district  organized  under  act  number  one  •hundred 
seventy-six  of  the  public  acts  of  eighteen  hundred  ninety- 
one,  entitled  "An  act  for  the  organization  of  township  school 
districts  in  the  upper  peninsula,"  shall  be  presented  twenty 
clays  before  the  annual  meeting  thereof,  with  a  petition  signed 
by" ten  voters  of  said  district,  stating  that  it  is  the  desire  of 
said  petitioners  that  at  the  animal  meeting  of  said  school 
district,  there  shall  be  submitted  to  said  annual  meeting  the 
proposition  to  change  from  a  graded  school  district  to  one  or 
more  primary  school  districts,  the  trustees  shall  in  their 
notice  of  such  annual  meeting  state  that,  the  proposition  set 
forth  in  said  petition  will  be  presented  to  said  meeting,  and 
if  two-thirds  of  the  qualified  voters  present  at  said  meeti 


. 


SCHOOL  LAWS. 


sli  ill  vote  to  change  to  one  or  more  primary  school  districts, 
sii  'h  change  shall  be  made,  and  it  shall  be  the  duty  of  the 
to  vnship  board  of  the  township,  or  townships  in  which  said 
di  trie!  is  situated,  upon  being  duly  notified  of  such  vote,  to 
pi  >ceed  to  change  or  divide  such  district  as  determined  by  such 
a i  niial  meeting,  and  they  shall  provide  for  the  holding  of  the 
fii  it  meeting  in  the,  or  each  of  the,  proposed  primary  school 
districts  in  the  same  manner  as  is  provided  for  by  law  for 
tl;  3  organization  of  primary  school  districts. 

(346)  SEC.  2.    That  said  township  board  in  proceeding  to  Apportion- 
cl  ange  or  divide  such  district  into  the,  or  each  of  the,  proposed  indebtedness. 
]»  imary  school  districts,  shall  apportion  the  property  of  the 

01  tire  district  and  the  indebtedness,  if  any,  as  near  as  the 
s;  me  can  be  done  in  the  proportion  that  such  property  and 
ii  lebtedness  shall  bear  to  the  assessed  valuation  in  the  respec- 
ti  -e  proposed  districts. 

(347)  SEC.  3.     That  in  the  event  that  any  five,  or  more,  Appeal. 
1;  x  paying  electors  having  taxable  property  within  any  of  the 

ji  oposed  school  districts  as  organized  and  set  apart  by  the 
1«  unship  board,  shall  feel  aggrieved  by  the  action  of  said 
t<  wnship  board,  they  may  at  any  time  within  sixty  days 
f i  om  the  time  of  such  action  on  the  part  of  such  board,  ap- 
P'-al  from  such  action,  order  or  decision  of  such  board  to  the 
c«nnty  commissioner  of  schools  and  circuit  court  commis- 
sioner of  the  county  in  which  such  school  district  is  situated, 
ii  the  same  manner  and  under  the  same  conditions  as  are 
p  -ovided  for  appeals  by  any  five  or  more  tax  paying  electors 
i'loin  the  action,  order  or  decision  of  the  township  board  or 
boards,  as  set  forth  in  chapter  nine  of  act  number  one  hun- 
d  <-d  sixty-four  of  the  public  acts  of  eighteen  hundred  eighty- 
o  10,  entitled  "An  act  to  revise  and  consolidate  the  laws  relat- 
ing to  public  instruction  in  primary  schools  and  to  repeal  all 
s  at  UK's  and  acts  contravening  the  provisions  of  this  act," 
b?ing  comprised  in  sections  five  thousand  seven  'hundred 
thirty-one,  five  thousand  seven  hundred  thirty-two  and  five 
thousand  seven  hundred  thirty-three  of  the  com/piled  laws 
of  nineteen  hundred  fifteen. 


BOUNDARIES  OF  SCHOOL  DISTRICTS  IN  CITIES. 

i  Act  in  relation  to  the  boundaries  of  school  districts  in  cities,  and 
the  boundaries  of  school  districts  which  have  been  fixed  by  legis- 
lative act. 

[Act  86,   P.   A.   19O9.] 

The  Pcojilr  of  the  State  of  Michigan  enact: 

i:MSi      ^  r>sr,<).     SI:CTIO.\   1.     Whenever  a  change  in,  or  the  Boundaries, 
tablishineiit   of.  the  boundaries  of  a  school  district  of  any 
ty  is-  desired  or  becomes  necessary,  such  change,  or.  establish - 
21 


162 


STATE  OF  MICHIGAN. 


Board  of 

trustees, 
duty  of. 


Joint 
meetings, 
notice  of. 


How  made. 


ment  may  be  made  by  the  joint  action  of  the  board  of  educa- 
tion of  such  district  or  the  board  of  trustees  of  such  city  and 
the  township  board  of  the  township  in  which  the  territory  may 
be  located,  or  the  township  boards  if  the  territory  affected 
is  located  in  more  than  one  township,  adjoining  such  district. 
Whenever  any  change  is  contemplated  in  regard  to  the  bound- 
aries of  the  school  district,  and  a  majority  of  the  members  of 
the  board  of  education  or  board  of  trustees  shall  vote  in  favor 
thereof,  it  shall  be  the  duty  of  said  board  to  elect  four  of  its 
members  as  a  committee  to  meet  with  the  proper  township 
board  in  the  joint  meeting  herein  authorized,  and  the  secre- 
tary of  the  board  of  education  or  board  of  trustees  shall  notify 
the  township  board  or  boards  of  the  township  or  townships  in 
which  the  territory  intended  to  be  attached  to  or  detached 
from  the  school  district  is  located,  that  a  joint  meeting 
of  such  township  board  or  boards  will  be  held  with  the  com- 
mittee of  the  board  of  education  or  board  of  trustees  of  the 
city  at  a  place,  on  a  date  and  at  an  hour  named  in  said  notice, 
but  not  within  ten  days  of  the  date  of  such  notice.  The  secre- 
tary of  the  board  of  education  or  board  of  trustees  shall 
notify  the  township  board  or  boards,  through  the  township 
clerk  of  such  township  or  townships,  and  he  shall  also  notify 
the  committee  representing  the  members  of  the  board  of  edu- 
cation of  the  city  of  the  time  and  place  of  such  meeting.  It 
shall  be  the  duty  of  each  member  of  each  board  or  com- 
mittee to  attend  such  meeting.  When  the  joint  boards  and 
committee  have  assembled  they  shall  elect  from  their  number 
a  chairman  and  a  clerk  and  shall  proceed  to  consider  the 
changes  contemplated  and  it  shall  require  a  majority  of  all 
the  members  elect  of  the  joint  boards  for  affirmative  action. 
The  provisions  of  this  act  shall  apply  to  all  school  districts, 
the  boundaries  of  which  have  been  fixed  by  legislative  act,  and 
to  school  districts  governed  by  the  fourth  class  city  act. 
When  said  joint  boards  have  made  alterations  in  the  bound- 
aries of  the  school  district,  they  shall  prepare  a  map  showing 
in  detail  the  boundaries  of  the  original  school  district  and  the 
boundaries  of  the  territory  annexed  or  detached,  and  a  copy 
of  such  map  shall  be  kept  on  file  in  the  office  of  the  secretary 
of  the  board  of  education  or  board  of  trustees,  and  in  the  office 
of  the  township  clerk  or  clerks  of  the  township  or  townships 
in  which  the  territory  may  be  located. 


Chairman 
and  clerk, 
election  of. 


Maps, 
alterations  of. 


Filing  of. 


The  home  rule  act  provides  for  the  changing  of  the  territorial  limits  o 
cities  and  villages  and  not  of  school  districts ;  hence  school  districts  within 
annexed  territory  and  school  bonds  are  not  affected  by  action  annexing  terri- 
tory to  a  city  under  said  act. — Collins  v.  City  of  Detroit,  195/3'31.  See.  al 
Bd.  of  Education  v.  Bacon,  r9"6/T5. 


II 


May  peti- 
tion board. 


(349)  §  5861.  SEC.  2.  Any  persons  residing  on  territory 
adjoining  any  city  district,  or  in  any  school  district  the 
boundaries  of  which  have  been  fixed  by  legislative  act,  who 
desire  to  have  their  property  attached  to  or  detached  from 
such  school  district,  may  petition  the  board  of  education  or 
the  board  of  trustees  thereof  to  have  such  territory  annexed 


GENERAIv  SCHOOL  LAWS.  163 

0  detached,  as  the  case  may  he,  mid  when  such  petition  lias 
1)  en  received   the  secretary  <»f   liie  hoar*!  <»i'  educat  ion  or  the 
I)  -arc!   of   trustees   shall    proceed    as    hereinbefore    staled    and 
c;  11  a  meeting  of  the  hoard  of  education  or  hoard  of  trustees, 
a    d  the  township  board,  to  take  action  on  such  petition. 

1:150)      §  5862.     S !•:<•.  :'..     AVlien  any  territory  shall  be  at- School 
t.  ched  to  or  detached  from  the  school  district  of  any  city,  or  {JoViXis 
a  iv  school  district  the  hoiiudaries  of  which  have  been  fixed  i>y  governing. 
1«  gislative  act,  in  pursuance  of  the  provisions  of  this   act, 

1  shall  in  all  things  relative1  to  school  matters  be  governed  by 
t  e  provisions  of  the  law  in  force  and  governing  such  district 
a  :  the  time  the  change  of  boundaries  is  made. 

(351)     §   5863.     SEC.  4.     The  board  of  education  or  the  certificate. 
1  iard  of  trustees  of  any  district  which  by  reason  of  the  pro- 
y  sions  of  this  act  is  extended  beyond  the  limits  of  any  single 
i   unicipality,  shall,  within  the  time  provided  by  law,  for  certi- 
f  'ing  taxes  by  township  clerks,  certify  to  the  board  of  super- 
\  sors  all  amounts  to  be  raised  therein  for  school  purposes. 
rJ  he  board  of  supervisors  shall,  in  accordance  with  law,  ap-  Taxes, 
I   irtion  such  school  taxes  to  the  several  municipalities  possess-  S5StrS!n~ 
i  ig  territory  in  such  district  in  proportion  to  the  assessed  val- 
i  at  ion   of  each   municipality  within  such  district,  and  shall 
<•  M-tify  the  same  lo  the  proper  officer  thereof. 


CHANGING     BOUNDARY     OF     CERTAIN     TOWNSHIP 

DISTRICTS. 

An  Act  to  provide  for  the  changing  of  the  boundary  lines  of  a  township 
district  organized  under  a  special  act,  and  for  the  uniting  of  two 
township  districts  operating  under  special  acts  to  form  one  school 
district. 

[Act  G4..  P.  A.  1021.1 

The  People  of  the  State  of  Michigan  enact: 

(352)  SECTION  1.    Any  township  school  district  organized  Boundaries, 
under  a  special  act   may  alter  its  boundaries  by  attaching  or™ 
detaching  territory.      In  such  altering  of  the  boundary  lines 

of  said  township  district,  the  school  board  of  the  township 
district  shall  act  for  said  district  and  the  township  board,  or 
boards,  if  fractional,  shall  act  for  the  territory  located  in 
other  districts  and  post  notices  of  said  proposed  action  in  the 
same  manner  as  provided  in  the  general  school  laws  for  the 
altering  of  the  boundaries  of  primary  districts.  In  such  at- 
aching  or  detaching  of  territory  the  township  school  district 
organization  shall  continue  to  be  the  school  organization  for 
:he  township  school  district  the  same  as  if  no  territory  had 
cn  attached  or  detached. 

(353)  SKC.  l'.    Two  adjacent  township  school  districts  each  ronsoiida- 
>f  which  is  organized  under  a  special  act  may  be  consolidated  dumonfere 


164 


STATE  OF  MICHIGAN. 


Ballot, 
form  of. 


Annual 
meeting. 


Trustees, 
election  of. 


to  form  one  township  school  district,  whenever  a  majority  of 
the  legal  school  electors  of  each  township  school  district 
present  and  voting  at  an  annual  meeting  or  at  a  special  meet- 
ing called  for  that  purpose,  shall  so  direct. 

The  form  of  the  "ballot  shall  be  substantially  as  follows: 
"Shall  the  school  board  of  the  township  school  district  of 

of  the  county  of and  state  of  Michigan 

unite  the  territory  of  said  township  school  district  with  that 

of  the  township  of county  of and  state 

of  Michigan  to  form  one  township  school  district? 

(     )  Yes. 

(     )   No." 

(354)  SEC.  3.  Whenever  the  legal  voters  shall  have  voted 
in  favor  of  the  consolidation  of  two  township  school  districts 
to  form  one  township  school  district  as  herein  provided, 
the  county  commissioner  of  schools  shall  call  the  annual 
meeting  of  said  townships  on  the  second  Monday  of  July  fol- 
lowing at  such  place  as  he  shall  deem  advisable,  and  at  such 
time  as  shall  be  provided  for  the  annual  meeting  in  the  act 
under  which  said  township  school  districts  shall  organize.  If 
said  township  school  districts  are  either  or  both  operating 
under  act  number  one  hundred  seven  t}^six  of.  the  public  acts 
of  eighteen  hundred  ninety-one,  as  amended,  they  shall  elect 
trustees  on  the  second  Monday  in  July  following  the  affirma- 
tive action  of  the  legal  school  electors,  organize  the  board  of 
education,  and  operate  on  and  after  said  second  Monday 
in  July  under  said  act  number  one  hundred  seventy-six  of  the 
public  acts  of  eighteen  hundred  ninety-one,  as  amended.  If 
said  township  school  districts  are  operating  under  any  other 
special  act  they  shall  elect  trustees  on  the  second  Monday  in 
July  following  the  affirmative  action  of  the  legal  school  elec- 
tors, organize  the  board  of  education,  and  operate  under  act 
number  one  hundred  seventeen  of  the  public  acts  of  nineteen 
hundred  nine,  as  amended.  In  the  election  of  the  first  school 
board  under  the  provisions  of  this  act,  the  county  commis- 
sioner of  schools  shall  designate  two  members  of  the  town- 
ship board  of  each  township  to  act  as  a  board  of  election  in- 
spectors to  conduct  the  election.  The  ballots  shall  be  taken, 
counted,  and  canvassed  in  the  same  manner  that  is  now  pro- 
vided for  the  counting  of  ballots  under  the  general  election 
laws.  The  hours  at  which  the  polls  shall  be  open  shall  be 
the  same  as  that  provided  for  the  annual  meeting  in  the  act 
under  which  the  township  school  district  will  be  organized 
after  the  consolidation.  The  board  of  education  of  each 
township  school  district  shall  continue  to  act  for  its  town- 
ship school  district  until  the  election  and  organization  of  a 
township  school  board  as  herein  provided:  Provided,  That 
if  the  township  districts  to  be  consolidated  are  located  in 
more  than  one  county,  the  superintendent  of  public  instruc- 
tion shall  designate  the  county  commissioner  of  schools  whose 
duty  it  shall  be  to  call  the  election  as  herein  provided. 


Canvass 
of  vote. 


Proviso. 


GENERAL  SCHOOL  LAWS. 


165 


(355)     SEC.  4.     When  any  two  township  school  districts  Records,  etc., 
'h  ive  been  consolidated  as  herein  provided,  the  existing  boards 

0  education  of  each  township  school  district  shall  meet  in 
j'  hit  session  with  the  board  of  education  as  herein  provided 

1  imediately  after  its  organization  and  settle  with  the  treas- 
11  :er  of  the  boards  of  education  of  said  townships.    Then  and 
t  icre  the  officers  of  the  boards  of  education  shall  turn  over  to 
1  ie  proper  officers  of  the  botard  of  education  elected  for  the 
<  Hisolidated    township    school   district,    all   records,    papers. 
1  x)ks.    money  and  other  property  belonging  to  the  district. 
>vaid  records,  papers,  books,  money,  and  other  property  shall 
1  lereafter  constitute  the  property  of  said  consolidated  town 
.-  iip  school  district. 


<  'I.ASSIFM'ATION   OF   CERTAIN   SCHOOL   DISTRICTS. 

j  n  Act  to  classify  all  school  districts,  now  in  existence  or  hereafter 
created,  which  shall  have  a  population  of  five  hundred  or  more  and 
less  than  seventy-five  thousand  as  districts  of  the  third  or  fourth 
classes;  to  provide  for  the  government,  control  and  administration 
of  such  school  district  and  the  schools  therein  through  boards  of 
education;  to  provide  for  the  manner  of  nomination  and  election 
of  such  boards  and  their  powers  and  duties;  and  to  repeal  all  general 
or  special  laws  that  conflict  with  the  provisions  of  this  act. 


[Act  16-6.  P.   A.   1017.] 

The  People  of  the  State  of  Michigan  enact: 


(356)  SECTION   1.     Each   and   every   school  district   now  continuation 
organised  and  existing  under  the  laws  of  this  state,  and  any0 
school   district  or  districts  which    hereafter  may  be  formed 

and  organized  under  the  said  laws,  which  has  a  population  of 

ive  hundred  or  more  and  less  than  seventy-five  thousand,  shall 

•onstitnte  and  continue  to  be  a  school  district  under  this 

•  ict,   to   be  designated   and    known    as    the  "School   District 

•  f  (here  insert  the  name  of  the  city,  village  or 

ownship  in  which  the  whole  or  the  greater  part  of  said  school 
lislrici   is  situated),"  with  the  same  territorial   limits  which 
it    now   has  or  shall   have  when    1'ormeil   and   organized:      Pro-  Proviso, 
vided.    That  the  territorial   limits  of  any  school  district  may  iSs0™ 
be  increase  1  or  decreased  at  any  time  by  consolidation,  divi- 
>ion  or  otherwise  in  accordance  with  the  laws  of  this  state. 

(357)  SEC.  2.     The  said   several  school  districts  shall  be  classification, 
and  hereby  are  divided   into  two  classes  as  follows: 

(a)  Each  school  district  having  a  population   of   twelve 
thousand  or  more  and  less  than  seven iy-tive  thousand,  shall 
be  a  school  district  of  the  third  class; 

(b)  Each  school  district  having  a  population  of  five  hun- 
dred or  more  and  less  than  twelve  thousand  shall  be  a  school 
district  of  the  fourth  class. 


166 


STATE  OF  MICHIGAN. 


Computation 
of  population. 


Idem. 


Change 


Annexed 
territory. 


(358)  (SEC.  3.    In  each  and  every  school  district  described 
in  section  one  of  this  act  which  embraces  all  of  the  territory 
comprised  in  a  city,  village  or  -township,  and  only  that,  or 
which  embraces  all  of  the  territory  comprised  in  one  or  more 
wards  of  a  city  and  only  that,  or  which  embraces  all  the 
territory  comprised  in  a   city  and  township,  a  village  and 
township,  or  two  or  more  townships,  and  only  that,  the  latest 
United  States  census  as  set  forth  in  the  official  report  thereof 
shall  be  the  basis  on  which  the  population  of  said  school  dis- 
trict shall  be  computed. 

(359)  SEC.  4.     In  every  other  school  district  described  in 
said  section  the  population  shall  be  determined  by  multiply- 
ing the  number  of  school  children  of  that  district,  as  shown 
by  the  annual  school  census,  provided  for  by  the  laws  of  this 
state,  taken  in  the  year  in  which  the  latest  United  States 
census  is  taken,  by  the  quotient  obtained  by  dividing  the 
total  population  of  the  county  in  which  the  said  district  or 
the  greater  portion  thereof  is  situated,  as  shown  by  the  report 
of  the  latest  United  States  census,  by  the  total  number  of 
school  children    of  the  said  county,    as  shown  by  the    school 
census  for  the  year  in  which  the  latest  United  States  census 
is  taken. 

(360)  SEC..  5.     No  change  shall  be  made  by  any  school 
district  from  one  class  of  school  districts  to  another  except 
after  the  taking  of  a  United  States  census  which  shall  show 
the  population  of  such  school  district  to  be  such  as  to  entitle 
it  to  make  such  change,  or  except  after  the  taking  of  a  United 
States   census  the  method   of   computation  provided   for   in 
section  four  of  this  act  shall  show,  in  a  district  where  it  is 
proper  to  use  it,  that  the  population  of  said  district  is  such 
as  to  entitle  it  to  change  from  one  class  of  school  districts 
to  another,  or  except  where  the  population  of  two  districts 
consolidated  subsequent  to  the  taking  of  the  latest  United 
States  census  and  ascertained  from  the  official  report  of  such 
census,  or,  in  a  proper  case,  by  the  method  of  computation 
provided  for  in  section  four  of  this  act,  is  such  as  to  entitle 
the  consolidated  district  to  be  in  a  class  different  from 
class  of  either  of  the  districts  consolidated. 

(361)  SEC.  6.     Whenever  hereafter  any  territory  shall 
annexed  to  any  city,  village  or  township  forming  the  whole  or 
a  part  of  a  school  district  of  the  third  or  fourth  class,  the 
territory  so  annexed  shall  become  a  part  of  the  contiguous 
school  district  embracing  the  whole  or  sonic  part  of  said  city, 
village  or  township,  and  all  properly  of  any  school  district, 
situated  wholly  upon  the  territory  so  annexed,  shall  become 
the  property  of  the  school  district  to  which  the  said  territory 
is  adjoined,   ami  said  last   named   district  shall   assume  and 
pay  such  proportion  of  the  then  existing  school  indebtedness 
of  the  district  from   which   such  territory   is   taken   as  the 
assessed  value  of  the  taxable  property  in  the  territory  annexed 
shall  bear  to  the  total  assessed  value,  before  such  annexation 


:: 


GENERAL  SCHOOL  LAWS.  167 

\\  as  made,  of  the  taxable  property  of  the  entire  district  from 
\N  hich  such  territory  is  taken,  the  value  as  shown,  by  the 
a  ;sessment  roll  for  the  year  preceding  the  annexation  to  be 
u  *ed  as  the  basis  of  the  computation. 

(362)  SEC.  7.    Each  and  every  school  district  described  in  Body 
s  -ction  one  of  this  act  shall  be  a-  body  corporate,  under  the  corpor 
i  line  aforesaid,  may  sue  and  be  sued  in  its  own  name,  may 

ii  squire  and  take  property,  both  real  and  personal,  for  educa- 
1  onal  purposes,  by  purchase,  gift,  grant,  devise  or  bequest, 
i  iay  hold  and  use  the  same  for  such  purposes,  and  may  sell 
i  ad  convey  the  same  as  the  interests  of  the  said  school  dis- 
1  Met  may  require,  subject  to  the  conditions  herein  contained 
i  nd  to  the  general  school  law  of  this  state.  As  such  body 
(  orporate  each  and  every  said  school  district  shall  be  the 
!-  accessor  of  any  school  district  corporation  heretofore  exist- 
i  ag  within  the  same  territorial  limits,  and  shall  be  vested  with 
"•  he  title  to  all  property,  real  or  personal,  now  or  hereafter 
1  ested  in  the  corporation  of  which  it  is  the  successor,  and  the 
ndebtedness  and  obligations  of  the  corporation  superseded 
}  hall  become  and  be  the  indebtedness  and  obligations  of  the 
j  ucceeding  corporation  under  this  act. 

(363)  SEC.  8.     In  each  respect  and  matter  not  hereinbe-  Fourth-class 
ore  provided  for,  every  school  district  of  the  fourth  class  dl 
lereunder  shall  be  subject  to  and  governed  by  the  provisions 

•>f  the  law  for  graded  school  districts. 

(364)  SEC.  9.     In  each  school  district  of  the  third  class  Board  of 
lereunder  the  board  of  education  shall  consist  of  seven  mem-  third'ciass 
jers,  two  of  those  elected  members  at  the  first  election  held  distrtet- 
under  this  act  shall  serve  for  two  years,  two  for  four  years 

m<l  three  for  six  years;  thereafter  at  the  next  school  election 
immediately  preceding  the  expiration  of  the  respective  terms 
of  these  officers  their  successors  shall  be  elected  to  serve  for 
terms  of  six  years  and  until  their  successors  are  elected  and 
qualify:  Provided,  That  to  provide  for  a  board  of  education  Proviso. 
of  seven  members  in  school  districts  which  have  heretofore 
organized  under  this  act  there  shall  be  elected  at  the  first 
election  after  this  amendment  takes  effect  one  member  whose 
term  of  office  shall  be  for  the  same  period  as  if  he  had  been 
elected  at  the  first  election  for  six  years. 

Am.   1921,  Act    H. 

i  :»i;r»i     SEC.    10.     The   regular   annual   school   election    in  Annual  school 
each   school   district   of   the  third   class  shall  be  held  at  the'' 
time  specified  by  the  law  in  force  in  said  district,  when  this 
la\v  shall  <;o  into  elVeet,  hut  the  time  for  holding  such  election 
mav  he  chan-ed   to  the  lirsi   Monday  in  June  of  each  year  in 
any  such  school  district,  if  a  majority  of  the  qualified' school 
electors  voting  in  said   district   voting  thereon  vote  in   favor 
of  such  change  at  a  regular  or  special  election  at   which  the 
question  of  such  change  is  properly  submitted  to  the  roteni 
of  said  district.    The  members  of  the  board  of  education  in 


168 


STATE  OP  MICHIGAN. 


Special 
elections. 


Qualified 
school 
elector, 
defined. 


all  school  districts  of  the  third  class  hereunder  shall  be  elected 
at  the  regular  annual  school  election. 

(366)  SEC.   11.     Special   election  may  be  called  by   the 
board  of  education  in  any  school  district  of  the  third  class 
hereunder  at  such  times  and  places  in  such  district  as  they 
shall  designate,  and  it  shall  be  the  duty  of  such  board  to  call 
such  an  election  on  receipt  of  the  written  request  of  not  less 
than  twenty-five  of  the  legal  school  voters  of  the  district,  by 
giving  the  notice  hereinafter  prescribed.     No   special  elec- 
tion shall  be  called  unless  the  question  to  be  voted  on  and 
decided  thereat  may  lawfully  be  submitted  at  such  election, 
and  all  questions  to  be  submitted  at  such  election  shall  be 
stated  briefly  in  the  notice  thereof. 

(367)  'Ssc.  12.    At  any  regular  or  special  election  in  any 
district  of  the  third   class  hereunder,   every  citizen  of  the 
United  States  of  the  age  of  twenty-one  years  or  over,  male  or 
female,  who  owns  property  which  is  assessed  for  school  taxes 
in  such  district,  or  who  is  the  parent  or  legal  guardian  of 
any  child  of  school  age  included  in  the  school  census  of  such 
district,  and  who  has  resided  in  said  district  at  least  three 
months  next  preceding   such   election,   shall  be   a1  qualified 
school  elector.    Any  qualified  school  elector  of  any  such  dis- 
trict who  is  the  owner  in  his  or  her  own  right  of  property 
assessed  for   school  taxes  in  said    district  and    whose    name 
appears  on  the  assessment  roll  of  said  district  at  the  time 
of  a  school  election  shall  be  eligible  to  be  chosen  as  a  member 
of  the  board  of  education  for  that  district  at  said  election: 
Provided,    That  where  a   husband  and   wife  own   property 
jointly,  which  appears  on  the  assessment  roll  in  the  name 
of  one  of  them  only,  each  shall  be  eligible  to  be  chosen  as  a 
member  of  the  board  of  education  for  the  district  where  they 
are  voters  and  their  property  is  situated. 

(368)  SEC.  13.     In  any  school  district  of  the  third  class 
hereunder  where  the  annual  school  election  is  held  at  the 
same  time  as  the  city,  village  or  township  election,  the  board 
of  registration,  the  election  commissioners  and  inspectors  and 
other  election  officials  provided  by  law  for  such  city,  village 
or  township  election  shall  act  in  their  respective  capacities 
for  said  school  election,  but  the  registration  and  poll  books 
of  the  school  electors  shall  be  kept  separate  and  apart  from 
all  others  and  separate  ballot  boxes  shall  be  used  for  the 
school  election. 


Qualifications 
of  board 
members. 


Proviso, 
husband 
and  wife. 


When  school 
and  municipal 
elections  held 
at  same  time. 


Registration 
and  poll 
books. 


When  held  at 
other  times. 


Precincts, 
•when  divided, 
notice  given. 


(369)  SEC.  14.  In  any  school  district  of  the  third  class 
hereunder  where  the  school  election  is  held  at  another  time 
than  the  time  for  holding  the  city,  village  or  township  elec- 
tion, the  board  of  education  shall  divide  said  district  into 
such  voting  precincts  as  in  its  judgment  shall  be  necessary 
for  the  school  registration  and  election.  Such  divisions  shall 
be  made  at  least  twenty  days  prior  to  the  first  election  held 
under  this  act,  and  a  notice  containing  a  diagram  of  the 
boundaries  of  each  precinct,  with  a  plain  description  and  the 


GENERAL,  SCHOOL  LAWS.  169 

n  imber  thereof,  shall  be  posted  and  published  with  the  notice 

0  registration  hereinafter  provided  for.    In  any  such  district  Ballot  boxes 
ti  e  board  of  education  shall  also  provide  such  ballot  boxes,  ai 

1  >11  lists  and  other  supplies  or  equipment  as  may  be  neces- 
s   ry  or  proper  for  conducting  the  school  registrations  and 

e  ections  in   said    district,   shall   act  themselves  as  a  board  Election  com- 

0  election  commissioners  for  such  district,  and  shall  appoint  m 

1  tree  qualified  school  electors  in  each  voting  precinct  of  said 

•  strict  to  compose  a  board  of  registration  and  three  qualified 
s  -hool  electors  in  each  such  precinct  to  compose  a  board  of 

(  ection  inspectors  therefor,  and  such  other  officers,  if  any,  Election 
;  <  may  be  necessary  to  carry  on  the  school  registration  and  inspec 
(  ection  in  such  district.     Such  appointments  shall  be  made 
j  t  least  ten  days  prior  to  the  time  for  conducting  the  registra- 
t  on  or  election,  as  the  case  may  be,  and  the  secretary  of  the 
1  oard  of  education  shall  notify  each  person  so  appointed  of 
1  is  appointment.     No  person  shall  serve  on  such  boards  or 
;  s  an  election  officer  at  a  school  election,  unless  he  or  she  is  a 

<  ualilied  school  elector  and  resides  in  the  precinct  for  which 
1  e  or  she  is  appointed,  but  the  same  person  may  be  appointed 

.  s  a  member  of  both  boards.     In  the  event  that  an  appointee  vacancies. 

K   unable  or  refuses   to  act,  the  board  of  education  before 

ihe    time  set    for   the   registration   or  election  may   appoint 

j  nother  elector  to-  take  his  or  her  place  on  the  board  or  boards 

or  as  such  officer.     If  any  of  the  persons  so  appointed,  for  idem. 

;  ny  reason,  do  not  appear  at  the  time  and  place  designated 

Jor  such   registration  or  election,   the  member  or  members 

<  >f  the  said  board  of  registration  or  election  inspectors  present, 
or  if  no  such  member  be  present,  the  electors  who  are  present 
;it  the  place  of  registration  or  election,  may  choose  a  sufficient 

inmber  of  electors  to  take  the  place  or  places  on  the  board 

•  )f  the  member  or  members  who  do  not  appear.     Each  mem-  oath. 
>er  of  such  board  of  registration  or  election  and  any  other 
'lection   officer   appointed,   before  entering  upon   his   duties 
<hall  take  and  subscribe  the  constitutional  oath  of  office,  to  be 
idministered  by  any  member  of  the  board  of  education.    The 
members  of  either  of  said  boards  of  registration  or  election 
inspectors  may  administer  oaths  in  proper  cases  to  persons 
applying  for  registration  or  offering  to  vote.     Each  member 

of  the  board  of  registration  or  election  inspectors  and  each 
other  election  ollicer  appointed  by  the  board  of  education  of 
any  district  shall  receive  two  dollars  per  day  for  his  services, 
the  same  to  be  audited,  passed  and  paid  in  the  same  manner 
as  other  claims  again  si  said  board  of  education,  but  in  any 
district  Avhere  the  registration  or  election  officers  for  the  city, 
village  or  township  election  act  at  the  same  time  as  officers 
for  the  school  registration  or  election  they  shall  receive  no 
pay  for  such  services  in  addition  to  the  pay  which  they  receive 
for  acting  at  the  city,  village  or  township  election  or  registra- 
tion. When  the  school  registration  is  completed  the  registra- 
tion books  shall  be  turned  over  to  the  proper  officials  for  use 


170 


STATE  OF  MICHIGAN. 


Polls,  time 
open. 


Vote 
sworn  in. 


Registration, 
how  con- 
ducted. 


Laws 
applicable. 


First 
registration. 


Proviso. 


Proviso, 

general 

registration. 


Notice  of 
registration 
or  election. 


by  them  on  election  day.  In  any  district  of  the  third  class 
hereunder  where  the  school  registration  or  election  is  not  held 
at  the  same  time  as  the  city,  village  or  township  registration 
or  election  the  polls  shall  be  open  for  registration  and  voting 
for  such  length  of  time  as  the  board  of  education  may  pre- 
scribe. 

(370)  SEC.  15.  No  elector  of  any  school  district  of  the 
third  class  hereunder,  not  registered  as  herein  provided,  shall 
be  entitled  or  permitted  to  vote  at  any  annual  or  special 
election  of  said  school  district  unless  his  or  her  vote  be  sworn 
in  substantially  as  is  provided  by  the  general  election  law. 
The  registration  of  the  qualified  electors  in  every  such  dis- 
trict shall  be  made  in  each  voting  precinct  thereof,  and  the 
name,  sex  and  address  of  each  person  registering  and  whether 
he  or  she  is  the  owner  of  property  assessed  for  school  taxes 
and  a  parent  or  legal  guardian  of  a  child  or  children  of 
school  age  shall  be  specified  in  the  book  or  books  used  for 
school  registration.  Such  registration  shall  in  all  respects 
not  herein  specified  be  conducted  as  near  as  may  be  in  the 
same  manner  as  the  registration  prescribed  by  the  general 
election  laws.  All  laws  of  this  state  for  preserving  the  purity 
of  elections  and  for  preventing  fraud  and  corruption  in  regis- 
tration, or  elections,  and  in  all  matters  not  covered  by  the 
provisions  of  this  act,  the  general  election  laws,  shall  apply 
in  so  far  as  they  are  applicable  to  registrations  and  elections 
under  this  act.  The  first  registration  of  school  electors  in 
any  district  of  the  third  class  hereunder  shall  be  made  in  each 
voting  precinct  of  said  district  on  the  last  Saturday  previous 
to  the  date  of  the  annual  school  election,  as  fixed  by  the  law 
in  force  in  such  district  when  this  act  shall  go  into  effect,  and 
thereafter  on  the  last  Saturday  preceding  each  annual  school 
election  in  each  precinct  of  every  such  district  necessary 
changes  shall  be  made  in  the  registration  lists  by  the  board  of 
registration  of  each  precinct :  Provided,  That  in  school  dis- 
tricts in  which  the  school  election  is  held  on  the  same  day  as 
the  city  or  township  election,  the  registration  of  the  qualified 
school  electors  in  any  district  of  the  third  class  located  in 
such  city  or  township  shall  be  on  the  same  day  or  da}Ts,  and 
by  the  same  officer  or  officers,  as  that  piovided  by  the  general 
election  laws  for  said  city  or  township :  Provided,  That  the 
board  of  education  of  any  such  school  district,  whenever  it 
deems  it  advisable,  may  provide  for  a  general  registration  of 
school  electors  in  each  precinct  of  said  district,  but  this  regis- 
tration shall  not  be  earlier  than  ten  days  next  preceding  th 
annual  school  election  in  such  district. 


Am.   1921,   Act   167. 


(371)  SEC.  16.  Notice  of  the  time  and  place  of  holding  any 
registration  or -annual  or  special  election  in  any  school  district 
of  the  third  class  hereunder  shall  be  given  by  the  city,  village 
or  township  clerk,  where  such  registration  or  election  is  held 


i 


GENERAL  SCHOOL  LAWS.  171 

a    the  same  tim<-  as  the  city,  village  or  township  registration 

0  •  election,  ami   by    the  secretary   of  the  board   of  education, 
i:   such  registration  or  election   is  held  at   another  time  than 
t    at  at    which   the  city,  village  or    township  registration    or 

f  ection     is  held.      Such    notice  of    election   shall   be   given     at  When  given. 
I-  ast  ten  days  before  the  election   is  to  be  held,  and  shall  con- 
t    in  besides  the  time  and  place  of  the  election,  the  offices  to 
•1  i  filled  and  the  names  of  the  candidates  for  such  offices,  to- 
(L  •! her  with  a  brief  statement  of  the  substance  of   any  ques- 

1  ons  to  be  submitted  to  the  school  electors  at  such  election. 
-"otice  of  the  holding  of  a  meeting  of  the  board  of  registra- idem. 
t  on  shall  be  given  at   least   fifteen  days  previous  to  the  time 

<  f  holding  same,  and  shall  contain,  beside  the  time  and  place 

•  f  holding  it.  a  statement  of  the  object  of  such  meeting.     No-  Posting  and 
i  ices  of  registration  or  of  election  in  any  such  district  shall  p 

Je    written  or  printed    and  posted  in    at  least  three   public 

I  laces  in  each  voting  precinct  of  said  district,  and  shall  be 

nblished   in  one  or  more  of  the  daily  papers  of  general  cir- 

•  nlation   in  said  district,  if  any  there  be,  at  least  six  times 
,-ithin   the  ten  days  next   preceding  the  registration  or  elec- 
ion,  and  if  there  is  no  daily  paper  of  general  'circulation  in 
aid  district,  the  notice  shall  be  published  at  least  once  with- 
it  said  period  in  nil  of  the  weekly  newspapers  of  general  cir- 

<  illation  in  said  district. 

(.".Tl'i    S !•:<-.   IT.     Nominations  for    members  of    the  hoard    °^  ^"Ij"/11/"1 
'•duration  of  any  school  district  of  the  third  class  hereander  education. 
-hall  be  made  by  petition  signed  by  not  less  than  fifty  qualified 
school  electors  of  said  district  and  this  petition  shall  be  filed, 
it  least  lifteeii  days  before  the  election  at  which  the  nominee 
s  a  candidate,  with  the  clerk  of  the  city,  village  or  township, 
f  the  school  election  is  held  at  the  same  time  as  the  election 
n  the  city,  village  or  township  in  which  said  district  is  locat- 
•d.  and  with  the  secretary  of  the  board  of  education  for  said 
district,  if  the  election  is  held  at  another  time  than  that  at 
which  the  city,  village  or  township  election  is  held.    Said  pe- 
tition  shall    be  substantially    in   the  following    form:     "We,  Petition, 
the    undersigned,  resident  school    electors  of  the  school    dis- f 

trict  of  (here  insert  the  name  of  the  district) 

hereby  nominate (here  insert  the  name 

of  the  candidate)  as  member  of  the  board  of  education  for  the 

school  district   of   (here  insert  the  name  of 

the  district  i."     No  elector  shall  sign  petitions  for  more  can- 
didates than   there  are    members  of  the  board  to   'be  elected. 
I  "pon  the  filing  of  such  petition  the  city,  village  or  township  Filing  and 
clerk  or  the  secretary  of  the  board  of  education,  as  the  case  C€ 
may  be.  shall   place  the  same   in   the  public   tiles  of  his  office 
and  within   five  days  preceding  the  election  shall  certify  the 
names  of  all  nominees  to  be  voted  on  at   said  election  to  the 
election  commissioners  for  said  district. 

(.".7.".  i      S r:r.      1>.   The  election  commissioners  for  any    school  Haiiot. 
district   of  the  third   class  hereunder  shall   prepare  and   have  Rolf  of a" 
printed  an  official  ballot  for  ^\\d\  district,  which  shall  be  sub- 


172 


STATE  OF  MICHIGAN. 


Canvass 
of  vote  in 
precinct. 


stantially  in  the  same  form  as  provided  in  the  general  elec- 
tion law,  on  which  shall  be  placed  the  names  of  all  those  who 
have  been  duly  certified  to  them  as  nominees  for  the  office  of 
member  of  the  board  of  education  of  said  school  district.  In 
the  printing  of  such  ballots  the  names  shall  be  arranged  first 
alphabetically  and  the  first  one  hundred  ballots  printed  ac- 
cordingly, then  the  name  at  the  top  shall  be  -put  at  the  bottom 
for  printing  the  second  hundred  and  a  'corresponding  change 
shall  be  made  with  each  succeeding  one  hundred  ballots 
printed.  No  party  emblem  or  designation  shall  be  placed  up- 
on school  election  ballots.  At  the  head  of  each  ballot  shall 
be  printed  the  words,  "For  Members  of  the  Board  of  Educa- 
tion. Vote  for (here  insert  the  number  to  be 

elected)." 

(374)  SEC.  19.  The  board  of  election  inspectors  in  each  pre- 
cinct of  every  district  of  the  third  class  hereunder  immediately 
after  the  close  of  the  polls  at  any  election  shall  canvass  the 
votes  cast  in  their  precinct  and  make  a  return  thereof  to  the 
clerk  of  the  city,  village  or  township,  in  those  districts  where 
the  school  election  is  'held  at  the  same  time  as  that  of  the  city, 
village  or  township  in  which  the  district  or  the  greater  part 
thereof  is  situated,  or  to  the  secretary  of  the  board  of  educa- 
tion, in  those  districts  where  the  election  is  held  at  another 
time  than  the  city,  village  or  township  election.  The  city, 
village  or  township  clerk  or  the  secretary  of  the  board  of 
education,  as  the  case  may  be,  shall  present  the  returns  cer- 
tified to  him  for  the  whole  district  to  the  board  of  education 
for  said  district  at  its  first  meeting  following  the  election. 
The  board  of  education  of  each  such  district  shall  convene 
at  the  usual  hour  and  place  of  meeting  on  the  Thursday  next 
succeeding  -any  election  aud  shall  canvass  the  returns  of  the 
votes  cast  for  all  candidates  for  the  office  of  member  of  the 
board  of  education  and  on  any  question  or  questions  submit- 
ted to  the  voters  of  the  district  at  such  election,  according  to 
the  returns  filed  with  them  by  the  clerk  or  secretary,  as  the 
case  may  be.  When  such  canvass  shall  be  finished  the  secre- 
tary of  the  board  of  education  shall  prepare  a  certificate  in 
triplicate  under  the  corporate  seal  of  the  district  setting  out 
the  findings  of  the  board  in  the  matter  of  the  election  and  giv- 
ing in  detail  the  number  of  ballots  cast  for  each  candidate 
and  the  number  of  ballots  cast  for  or  against  any  proposition 
or  question  submitted  to  the  electors  at  such  election,  one  copy 
of  which  he  shall  file  in  the  office  of  the  county  clerk  of  the 
county,  one  in  the  office  of  the  clerk  of  the  city,  village  or 
township,  in  winch  the  said  district  or  the  greater  part  there- 
of is  situated,  and  one  in  his  own  office.  At  the  first  election 
held  under  this  act  in  any  such  district  the  two  persons  re- 
ceiving the  highest  number  of  votes  for  members  of  the  board 
of  education  shall  be  declared  elected  to  such  office  for  the 
term  of  six  years,  the  two  receiving  the  next  highest  number 
of  votes  shall  be  declared  elected  to  such  office  for  the  term 
of  four  years,  and  the  two  receiving  the  next  highest  number 


Returns, 
when  and 
where  made. 


District 

canvass. 


Filing 
of  result. 


Who  deemed 
elected. 


GENERAL  SCHOOL  LAWS.  173 

<  f  votes  shall  bo  declared  elected  to  such  office  for  the  term 

<  f  two  years.      In  all  succeeding  elections  in  any  such  district  when 
ie  person    or  persons   receiving  the   highest   number  of  votes  SleSa.117 

I  >r  the  office  voted  for  sliall  be  declared  elected  to  the  same 
y  the  board  of  education.     If  at  any  election  two  or  moreTievote. 
ersons  sliall   receive  an   equal   number  of  yotes  for  the  same 
«  ffice,  the  board  of  education  shall  choose  one  of  said  persons 
y  lot  as  the  person  who  shall  fill  the  office.     Within  five  days  Notice  to 
fter  the  completion  of  the  canvass,  the  secretary  of  the  board  etected. 
f    education   shall  notify  in    writing  each  person    declared 
lected  of  his  election,  and  within  ten  days  after  receipt  of 
nch  notice,  each  person  receiving  the  same  shall  file  with  the  Acceptance 
ecretary  his  written  acceptance  of  the  office  to  which  he  has  ai 
•een  elected  and  shall  qualify  by  taking  and  subscribing  the 
»ath  of  ollice  required  by  the  constitution  and  tiling  the  same 
vith  the  secretary  of  the  board. 

(375)     SEC.  20.  The  office  of  a  member  of  the  board  of  educa-  when  office 
ion  of  any  district  of  the  third  class  hereunder  shall  become  vacant* 
,-acanl  immediately  upon    the  happening   of  any  of  the   follow- 
ng  events:  The  death  of  the  incumbent,  his  resignation,  his  re- 
moval from  ollice,  his  removal  from  the  district,  his  convic- 
tion of  any  infamous  crime,  his  neglect  to  file  his  acceptance 
of  office,  or  his  refusal  to  give  or  renew  any  official  bond,  with- 
in  the  prescribed  time  or  his  ceasing  to  be  a  taxpayer  in  the 
school  district.     In  case  of  a  vacancy  or  vacancies  in  the  of-  HOW 
lice  of  member  of  the  board  of  education  in  any  such  district, supplletL 
the  remaining  members  of  the  board,  if  three  or  more  in  num- 
ber, shall  immediately  appoint  a  qualified  elector  to  fill    the 
vacant  ollice  or  offices.     In  the  event  that  the  offices  of  four  or  Special 


more  of  the  members  of  the  said  school  board  become  or  are  tcTfiii?n 
vacant  at  the  same  time,  the  remaining  members  of  the  board, 
if  such  there  be,  shall  call  immediately  a  special  election  of 
the  district  to  till  snch  vacancies,  and  if  such  election  is  not 
called  by  the  remaining  members  of  the  board  within  twenty 
days  after  the  happening  of  four  or  more  vacancies,  or  if  all 
ol  the  offices  of  the  members  of  the  board  shall  become  vacant, 
the  clerk  of  the  city,  village  or  township  in  which  the  district 
oi-  the  greater  portion  thereof  is  situated  shall  call  a  special 
election  for  said  district  to  till  the  existing  vacancies.  Any 
person  elected  or  appointed  to  lill  a  vacancy  in  the  board  of 
education  of  any  district  of  the  third  class  hereunder  shall 
tile  his  acceptance  and  qualify  as  hereinbefore  provided  and 
shall  hold  snch  office  until  the  next  succeeding  annual  elec- 
tion, at  which  time  the  ('lectors  of  said  district  shall  vote  for 
nominees  to  lill  such  office  for  the  unexpired  portion  of  the 
term. 

i  .".Till    BBC.    -1.     The  members   of  the  board  of   education  of  2SStont' 
any  district   of  the  third  class  hereunder  elected  at  the  first  treasurer. 
election  held  under  this  act  shall  meet  on  the  second  Monday  of 
duly  succeeding  their  election  and  annually  on  the  same  day 
thereafter',  and  organixe  the  board  by  electing  from  their  num- 
ber a  president,  and  secretary  and  a   treasurer  who  nerd  not 


174 


STATE  OF  MICHIGAN. 


Meetings. 


Quorum. 


Duties  of 
treasurer. 


Duties  of 
secretary. 


Powers  and 
duties  of 
board. 


Sites, 

buildings, 

etc. 


Condemna- 
tion of 
property. 


be  one  of  their  number.  The  said  board  shall  hold  regular 
meetings  on  the  second  Monday  of  each  month  or  on  such 
other  day  or  days  as  it  may  in  its  by-laws  provide.  The  said 
board  may  in  its  toy-laws  provide  for  calling  and  holding 
special  meetings.  A  majority  of  the  board  shall  constitute 
a  quorum  and  it  shall  keep  a  proper  record  of  all  of  its  pro- 
ceedings. 

(377)  .SEC.    22.    The  duties  of   the  treasurer  of  such   hoard 
shall  be  to  keep  the  funds  of  said  district,  to  keep  proper  books 
of  account  thereof,  to  keep  an  interest  account  of  the  interest 
received  from  all  school  funds  'belonging  to  the  district  and 
credit  all  interest  received  thereon  to  said  funds,  to  pay  out 
the  funds  'belonging  to  the  school  district  for  the  purposes 
specified  fay  law,  or  in  the  case  of  gifts  or  donations  for  the 
purposes    for  which  said  money  is    given  or  donated,  on    a 
proper  order  signed  by  the  secretary  and  countersigned  by 
the  president  of  the  said  board,  and  such  other  duties  as  the 
said  'board  may  in  its  by-laws  prescribe.     The  said  board  may 
prescribe   the  duties    of   the  secretary,    and    provide  for   the 
salary  to  be  paid  the  secretary  and  treasurer   thereof  and 
may  require  proper  bonds  from  such  officers.     No  member  of 
such  board  of  education  or  officer  thereof  ex,cept  the  secretary 
and  treasurer  shall  receive  any  compensation  for  any  service 
rendered  the  district  and  no  member  of  such  board  of  educa- 
tion or  any  officer  thereof  shall  be  pecuniarily  interested  in 
any  way,  directly  or  indirectly,  in  any  contract  with  or  for 
the  schools  of  'his  district.     No    member  of  any  such   board 
shall  be  eligible  to  appointment  to  any  position  carrying  with 
it  compensation  from  the  school  funds  for  the  space  of  at  least 
one  year  following  his  retirement  therefrom. 

(378)  SEC.  23.     The  board  of  education  of  any  school  dis- 
trict of  the  third  class  hereunder  shall  have  the  following  pow- 
ers and  duties : 

(a)  To  locate,  acquire,  purchase  or  lease  in  the  name  of 
the  district  such  site  or  sites  for  schoolhouses,  libraries,  agri- 
cultural farms,  athletic  fields  and  play  grounds  as  may  be 
necessary,    to  purchase,    lease,  acquire,    erect  or  build    such 
building  for  school  or  library  or  for  use  in  connection  with 
agricultural  farms,  athletic  fields  and  play  grounds,  as  may 
be  necessary7,  to  pay  for  the  same  out  of  the  funds  of  the  dis- 
trict provided  for  that  purpose,  to  sell  any  real  or  personal 
property  of  the  district  which  is  no  longer  required  thereby 
for  school  purposes  and  to  give  proper  deeds,  bills  of  sale  or 
other  instruments  passing  title  to  the  same; 

(b)  To  institute  and  maintain  proceedings  in  the  proper 
court  for  the  condemnation  of  private  property  for  public  use 
for  all  purposes  for  which  mid  board  is  authorized  by  law 
to  acquire  and  hold  property,  when  said  board  shall  have  first 
declared  the  taking  necessary  for  such  use  and  that  the  same 
is  for  the  use  and  benefit  of  the  public.     When  the  board  shall 
have  made  such  declaration  such  condemnation  proceedings 
shall  be  instituted  and  conducted  in  the  court  specified  and 


GENERAL  SCHOOL  LAWS.  175 

i:    the  manner  provided   by  the  general  laws  of  the  state  re- 
1,  ting  to  the  condemnation  of  private  property  for  public  use; 

(c)     To  establish  and  carry  on  such  grades,  schools  and  de-  Grades.de- 
]   irtnients  or  courses  of  study  as  it   shall   deem  necessary  or  £tacrtri 
(1  -sirable    for   the    maintenance  and     improvement  of    public 

<  lucation  ; 

(d)  To  establish,  equip  and  maintain  agricultural,  trade  Vocational 
Mid  other  vocational  schools  and,  if  deemed  necessary  by  such  S( 

1  oard,   to  acquire  land   outside   the  limits  of  the  said   school 

<  istrict    therefor,    and   to  have  general  control    thereover  for 

S  -hool    purposes; 

(e)  To  borrow  for  temporary  school  purposes  such  sum  Borrow 

<  r  sums  of  money  and  on  such  terms  as  it  may  deem  desirable  m 

,  nd  to  give  notes  of  the  district  therefor:  Provided,   That  no  Proviso. 

^  uch  loan  shall  be  made  for  any  sum  which  together  with  the 
otal  amount  of  any  outstanding  loan  or  loans  for  such  pur- 
>oses  shall  exceed  the  sum  of  ten  dollars  per  capita  of  the 
chool  population  of  the  district; 

(f)  To  borrow  such   sum  or  sums  of   money  as  it  may  idem. 
leem  necessary  to  purchase  sites  for  buildings,  play  grounds, 
ithletic  fields  or  agricultural  farms  and  to  purchase  or  erect 

ind  equip  any  building  or  buildings  which  it  is  authorized 
o  purchase  and  erect,  or  to  make  any  permanent  improvement 
A  hich  it  is  authorised  to  make,  and  to  accomplish  this  by  the 
issue  and  sale  of  bonds  of  such  school  district  in  such  form  or 
>n  such  terms  as  the  board  may  deem  advisable,  or  by  any 
other  reasonable  means:  Provided,  That  no  loan  shall  be  Proviso. 
made  and  no  bonds  shall  be  issued  for  a  longer  term  than 
twenty  years  nor  for  any  sum  which  together  with  the  total 
outstanding  indebtedness  of  the  district  shall  exceed  two  per 
cent  on  the  assessed  valuation  of  the  taxable  property  within 
such  district  unless  the  proposition  of  making  such  loan  or 
of  issuing  bonds  shall  have  been  submitted  first  to  a  vote  of 
the  school  electors  of  the  district  at  a  general  or  special  school 
election  and  approved  by  a  majority  of  the  electors  actually 
voting  on  the  same,  in  which  event  loans  may  be  made  or 
bonds  may  be  issued  for  the  purposes  hereinbefore  set  forth 
in  an  amount  which  together  with  the  total  outstanding 
indebtedness  of  the  district  shall  not  exceed  five  per  cent  on 
the  assessed  valuation  of  the  taxable  property  within  the 
district; 

(g)  to  have  the  rare  and  custody  of  all  school  property  care  and 
and  to  provide  suitable  school  privileges,  sanitary  conditions,  $£{£&?* 
and  medical  inspection  for  the  schools  of  the  district; 

(h)     To  lix  the  length  of  time  school  shall  be  kept  in  all  of  Term  time, 
the  schools  of  ihe  district   and   to  keep  the  said  schools  open 
and  free  to  all  persons  over  five  years  of  age,  residents  of  the 
district; 

(i)     To  establish  and  maintain  or  continue  a  library  or  Library  or 
art   museum  for  the  public  schools  of  the  district,  if  it  shall11 
deem  it  advisable  to  do  so,  and  to  provide  for  its  care  and 


176 


STATE  OF  MICHIGAN. 


Board  of 
library  com- 
missioners. 


management.  For  this  purpose  said  board  of  education  may 
appoint  librarians  and  hire  other  employes  for  such  library 
or  museum  and  fix  their  salaries,  may  purchase  such-  books 
and  apparatus  as  may  be  necessary,  and  may  include  in  the 
general  budget  for  the  purpose  of  the  schools  such  sums  as 
may  be  necessary  for  buildings  for,  and  for  the  maintenance 
and  support  of,  any  library  or  art  museum  established,  and 
such  board  of  education  may  appoint  a  board  of  library  com- 
missioners of  not  to  exceed  seven  persons.  Such  library  board 
shall  have  control  and  direction  of  the  public  library  or 
libraries  in  such  district  subject  to  the  approval  of  the  board 
of  education  therein,  and  shall  keep  a  correct  record  of  its 
proceedings.  All  moneys  for  any  such  libraries  including  the 
fines  devoted  by  law  to  the  maintenance  of  district  or  school 
libraries  in  such  district,  which  when  collected  shall  be  paid 
to  the  treasurer  of  the  board  of  education  therein,  shall 
be  kept  by  said  treasurer  and  paid  out  by  him  on  the  order 
of  the  board  of  library  'Commissioners  approved  by  the  sec- 
retary of  the  board  of  education; 

(j)  To  provide  for  the  taking  of  a  school  census  as  re- 
quired by  law ; 

(k)  To  make  an  annual  report  to  the  superintendent  of 
public  instruction  at  such  time  and  in  such  form  as  he  may 
prescribe ; 

(1)  To  adopt  if  it  shall  deem  it  advisable,  civil  service 
rules  for  the  appointment  of  teachers  who  have  satisfactorily 
served  a  probationary  period  of  not  less  than  three  years  in  the 
schools  of  said  district; 

(m)  To  contract  with,  appoint  and  employ  a  suitable 
person,  not  a  member  of  said  board,  who  shall  be  a  college 
graduate  or  have  educational  qualifications  equivalent  thereto, 
as  superintendent  of  the  public  schools  under  the  control 
of  the  board,  who  shall  hold  his  office  for  a  term  fixed  by  the 
board  and  not  to  exceed  five  years,  and  shall  have  the  same 
powers  and  duties  as  the  superintendent  of  a  graded  school 
district  under  the  laws  of  this  state; 

(n)  To  appoint,  in  its  discretion,  a1  business  manager  for 
the  school  district  and  fix  his  term  of  office ; 

(o)  To  make  an  estimate  annually  on  a  day  to  be  deter- 
mined by  the  board  of  the  amount  of  taxes  deemed  necessary 
for  the  ensuing  year  for  the  purpose  of  expenditure  within 
the  power  of  the  board,  which  estimate  shall  specify  the 
amounts  required  for  the  different  objects,  and  to  report  the 
same  as  the  regular  school  tax  levy  for  such  district  to  the 
proper  assessing  officer  or  officers,  who  shall  apportion  the 
school  taxes  in  the  district  in  the  same  manner  as  the  other 
taxes  of  the  city,  village  or  township  are  apportioned,  and 
the  amount  so  apportioned  shall  be  assessed,  levied,  collected 
and  returned  for  each  portion  of  the  district  in  the  same 
manner  as  the  taxes  of  the  city,  village  or  township  including 


Census. 


Annual 
report. 


Civil  service. 


Superin- 
tendent. 


Business 
manager. 

Annual 
estimate. 


GENERAL  SCHOOL  LAWS. 


177 


si!  ih  portion  of  tin*  district:  Provided,  That  no  greater  sum 
tli  in  twelve  mills  on  the  dollar  shall  be  levied  in  any  one 
yi  ir  for  all  purposes  within  the  power  of  the  board;  and 
pi  Dvided  in  all  school  districts  hereunder  in  cities  having  a 
b<  ard  of  estimates  the  amount  shall  be  approved  by  such  board 
oj  estimates  before  levy  shall  be  made; 

(p)  To  certify  to  the  treasurer  of  the  district  for  pay- 
n  Mir  out  of  the  school  funds  thereof  all  claims  and  demands 
a  a  i nst  the  board  or  district,  which  shall  be  allowed  by  the 
b  ard  under  such  rules  and  regulations  as  it  may  establish; 

(q)  To  print  and  publish  immediately  after  each  meeting 
ii  such  manner  as  the  board  shall  decide  all  proceedings  of  the 
b  »ard  at  such  meeting  and  to  make  and  publish  annually, 
a  the  end  of  the  fiscal  year,  in  some  daily  or  weekly  news- 
p  iper  of  general  circulation  in  said  district,  either  separately 

0  •  in  connection  with  the  report  or  reports  of  the  city,  village 
o-  town-ship  in   which   the  said   district  or  the  greater  part 
t  .ereof  is  situated,  a   complete  report  of  all  its  receipts  and 
e  ipendilures; 

(r)  And  in  general  to  do  anything  not  inconsistent  with 
t  i  is  act  which  is  necessary  for  the  proper  establishment, 
n  aintenance,  management  and  carrying  on  of  the  public 
s  -hools  of  such  district. 

CITlh  S  i-:<\  L'l.  In  all  matters  pertaining  to  the  public 
s  ,'hools  not  provided  for  in  this  act  the  general  school  laws 
of  the  state  shall  govern  and  be  in  effect. 

(380)  SEC.  25.     From  and  after  the  time  when  this  act 
s  iall  go  into  effect  according  to  its  terms  all  acts  or  parts  of 
acts  whether  local,  special  or  general,  in  any  wise  contraven- 

1  ig  any  of  the  provisions  of  this  act  shall  be  repealed. 

(381)  SEC.  2G.     The  foregoing  provisions  of  this  act  shall 
not  take  effect  in   any   school  district   having  a  population 
v  hich  brings  it  within  the  classitication  provided  for  by  this 
act    until   approved    by   a    majority  of   the    school    electors    of 
such    district    voting    thereon    at    an    election    at    which    the 
(  uestion  of  the  adoption  of  this  act   for  that   district   is  prop- 
<  rly  submitted.  At  some  regular  annual  school  elect  ion  within 
three   calendar   years   after    the    passage   of    this   act,    in    each 
•chool   district    having  a    population   of   live  hundred   or  more 

nd  less  than  seventy  -live  thousand,  ascertained  in  the  manner 
hereinbefore  provided,  the  question  of  the  adoption  of  this 
lid  f"i'  said  district  shall  be  submitted  by  the  proper  officers 

o  the  school  electors  of  said  district.  In  each  district 
which  shall  thereafter  attain  a  population  of  live  hundred 
or  more  and  less  than  seventy-live  thousand  ascertained  in 
ihe  same  manner,  the  question  of  the  adoption  of  this  act 
for  such  district  shall  be  submitted  to  the  school  electors 

hereof  at  the  annual  school  election  following  the  attainment 
of  such  a  population,  ascertained  as  hereinbefore  provided. 
In  any  district  having  the  population  described  the  question 
the  adoption  of  this  act  for  such  district  shall  be  resub- 
23 


Proviso, 
limit. 


Claims. 


Reports. 


When  general 
laws  to 
govern. 


Acts  repealed. 


Referendum. 


When  sub- 
mitted. 


Resubmission. 


178 


STATE  OF  MICHIGAN. 


Form  of 
ballot. 


mitted  to  the  school  electors  thereof  at  the  next  annual  elec- 
tion whenever  a  petition  asking  for  such  resubmission  at 
the  next  annual  election  of  the  district,  signed  by  at  least 
fifteen  per  cent  of  the  school  electors  thereof,  shall  be 
filed  with  the  election  commissioners  of  the  district  at  least 
thirty  days  before  such  meeting  or  election.  The  vote  upon  the 
question  shall  be  by  ballot  which  shall  be  in  substantially  the 
following  (form : 

"Vote  on  proposition  to  adopt  the  act  classifying  school  dis- 
tricts having  a  population  of  five  hundred  or  more  and  less 
than  seventyjfive  thousand,  as  districts  of  (the  third  and 
fourth  classes,  and  providing  for  the  government,  control  and 
administration  of  such  school  districts  and  the  schools  therein. 

"Make  a  cross  in  the  appropriate  square  below. 

"Shall  the  act  classifying  school  districts  having  a  popu- 
lation of  five  hundred  or  more  and  less  than  seventy jfive 
thousand  as  districts  of  the  third  and  fourth  classes,  and 
providing  for  the  government,  control  and  administration  of 
such  school  districts  and  the  schools  therein  be  adopted. 

"Yes  (    ). 

"No    (    )." 

Such  ballots  shall  be  furnished  by  the  -board  of  education 
of  any  district  in  which  the  vote  is  taken,  and  shall  be  de- 
posited in  a  ballot  box  provided  for  that  purpose  in  each  vot- 
ing precinct  of  the  district.  Such  ballots  shall  be  cast,  and 
canvassed  and  the  results  of  the  election  certified  in  each 
school  district  in  the  same  manner  as  are  ballots  on  any 
school  question  submitted  to  the  school  electors  of  such  dis- 
trict. If  the  majority  of  the  qualified  school  electors  of  any 
district  vote  in  favor  of  the  adoption  of  this  act,  then  the 
provisions  hereof  shall  be  in  full  force  and  effect  in  such  dis- 
trict and  not  otherwise. 

(382)  SEC.  27.  The  laws  governing  the  public  schools  in 
any  district  having  the  population  provided  for  herein  in 
force  therein  at  the  time  of  the  adoption  of  this  act  by  the 
electors  of  such  district  shall  continue  in  force  and  the  board 
of  education  of  said  district  as  provided  for  in  such  laws 
shall  continue  to  act  as  the  board  of  education  therefor,  until 
a  new  board  shall  be  elected  and  organized  as  herein  pro- 
vided, after  which  time  the  board  of  education  as  heretofore 
constituted  in  such  district  shall  turn  over  to  the  new  board 
of  education,  elected  under  this  act,  all  the  property,  books, 
records,  material,  money  and  effects  belonging  to  such  school 
district,  and  thereafter  the  board  provided  for  by  this  act  and 
its  successors  shall  be  responsible  therefor. 


How 

furnished. 


How  can- 
vassed, etc. 


Laws  con- 
tinued in 
force. 


Until  new 
board  elected. 


GENERAL  SCHOOL  LAWS.  179 

ki    Act  relative  to  free  schools  of  cities  having  a  population  of  two 
undred    fifty    thousand    or    over,   and    comprising    a    single    school 
istrict. 
[Art   •;.-,,  p.  A.  1»19.] 
The  People  of  tlic  Xtatc  of  Mi<-hi</<tn  enact: 
i:;s:i  >      r  KCTION    1.     The  board   of  education  of   any   city  IN>\V.TS  of 
ving  a   population  of  two  hundred  fifty  thousand  or  over.  " 
c<  inprising  a   single  school   district,    may  exercise  any   power 
h<  rein  stated,  and  shall  have  such  rights  as  are  'herein  given, 
a   d  shall  be  governed  hereby  with  respect  to   things  herein 
s    ned.  notwithstanding  the  provisions  of  any  general  law  or 
s   ecial   act    to   the  contrary. 

i.'isi  i      Si:r.  I'.     Its  members  shall  be  nominated  as  shall  be  Members,  how 
ji  -o\  ided  by  law  for  the  nomination  of  officers  of  the  city.      nominat.-.i. 

i:>sr»      S  !•:<•.  :>.     Its  boundaries  are  hereby  made  and  shall  Boundaries  of 
1)'   coextensive   with    the   boundaries   of    the   city    and    any  (llslrl(-t- 
c  langr  in  the  latter  shall  automatically  work  the  same  change 
i:    the  former:    Provided,    however.    If  in  the  annexation  to  proviso, 
t  ie  city  of  a  portion  of  an  adjoining  school  district,  the  re- 
H  ainder  shall   be   without    school   facilities,   it  shall  furnish 
s -hool  facilities  to  such  remainder,  on  being  paid  therefor  a 
s  im   of  money   equal    to  the  amount  such  remainder  would 
i  lise  in   taxes  for  school  purposes,  if  such  remainder  was  a 
]  art   of  the  city's  school  district.     It  shall  assume  and  pay  Liability  of 
t  ie  debts  and   Liabilities  of  the  district   thus  divided.    It   shall 
1  ike   possession   of  the  sinking  fund,   if  any    exists,   of  the 
<  istrict  thus  divided.     It  shall  take  and  have  the  right  to  col-  unpaid  taxes. 
1  xct  all   unpaid   school  taxes  of  the  portion   of  the  district 
taken.     It  shall  take,  based  on  the  last  school  census,  such  Primary 
1  art   of   the   primary   school    money  unexpended   and   in   the 
treasury  of  the  district,  thus  divided,  as  the  number  of  chil- 
dren of  school  age  in  the  portion  taken  bears  to  the  number 
of  children  of  school  age,  in  the  whole  district  thus  divided. 
t    shall    take   and   receive  such   portion   of   the  unexpended 
>chool  taxes  collected  and  in  the  treasury  of  the  district  thus 
divided,  as  the  assessed    value  of  the  portion   taken   bears  to 

khe  whole  district    thus  divided.    In   other  cases,   it    shall    have 
10    obligation    or    responsibility    towards    the    remainder   or 
tort  ion    of   district    not    annexed.      It   shall   have  title  to  all  Title  to  school 
public  school  property  within  its  boundaries  and  in  any  addi-  i'r"i">rt>- 
lion    thereto,   whether  by    law    or   by   annexation   proceeding, 
title  to  any  of  the  public  school  properly  in  the  portion  adde.l 

r  taken,  shall   pass  to  it. 
-Hi      S !•:«•.    1.      Its  annual  budget   shall  be  prepared  at  the  Annual 
same   time   and    in    the  same   way,   as    the   city's  budget,   and  budget' 
shall   be  submitted    to   and    considered    by    the  same  board   or 

officers. 

(387)     SEC.  5.     Its  fiscal  year  shall  be  identical  with  that  Fiscal  year, 
of  the  city. 


180 


STATE  OF  MICHIGAN. 


Contracts 
for  work, 
etc. 


Cafeteria 
for  pupils. 


Gifts  of 
land. 

Powers 
relative  to 
employes. 


Truant 
school. 


Unsold  bonds, 
validity  of. 


Rate  of 
interest  on 
bonds,  etc. 


Sinking 
fund. 


Short  term 
loans. 


(388)  SEC.  6.     It  may  authorize  a  contract  for  work  or 
services  before  the  money  is  available,  if  an  appropriation  or 
an  authorization  of  bonds  has  been  made  for  it  and  may, 
after  an  appropriation  or  an  authorization  of  bonds  has  been 
made,  authorize  its  financial  officers  to  borrow,  on  the  best 
terms  obtainable  on  the  credit  of  such  appropriation  or  author- 
ization of  bonds,  any  sums  necessary  to  make  any  payments 
demanded  by  said  contracts. 

(389)  ^EC.  7.    It  may  sell  meals  to  the  pupils,  but  not  at  a 
financial  loss  to  the    district.     It  may  make  a    contract  fo? 
this  privilege  for  a  period  of  not  more  than  three  years,  or  it 
may  engage  directly  in  the  business. 

(390)  SEC.  8.     It  may  use  and  may  take,  without  restric- 
tion as  to  location  or  amount,  land  by  gift  or  devise. 

(391)  SEC.  9.    It  shall  have  full  power  over  its  employes, 
may  specify  the  duties  to  be  performed  by  them,  and  fix  the 
qualifications   necessary   for    any   position,    notwithstanding 
any  general  or  special  law  to  the  contrary. 

(392)  SEC.  10.    It  may  establish,  maintain  and  conduct  a1 
parental  or  truant  school  for  the  purpose  of  affording  a  place 
of   confinement,   discipline,   instruction   and   maintenance   of 
children  of  the  city  of  compulsory  'School  age,  who  may  be 
committed  thereto  by  a  court  of  competent  jurisdiction,  or 
admitted  thereto  on  the  recommendation  of  such  judge  win]] 
the  consent  of  their  parents  or  guardians.     It  shall  give  no 
religious    instruction    in    such   school,   nor   shall    it   furnish 
clothing  to  any  child  and  no  child  shall  be  committed  or  ad- 
mitted thereto  who  has  ever  been  convicted  of  any  offense, 
punishable  by  confinement  in  any  penal  institution. 

(393)  SEC.  11.     Whenever  it  or  its  financial  officers  at- 
tempt to  sell  bonds,  the  proceeds  of  which  are  to  be  used  for 
school  purposes  and  the  bonds  are  not  sold,  all  the  proceed- 
ings which  do  not  affect  or  bear  upon  the  objection,  or  disabil- 
ity which   render   the   sale  impossible,   shall   be   valid   and 
effectual  and  may  be  used  to  support  a  'subsequent  sale,  when 
the  objection  or  disability  has  been  removed. 

(394)  SEC.  12.    Bonds  for  the  purpose  of  the  schools  may 
be  issued  as  herein  and  as  otherwise  heretofore  provided,  but 
shall  bear  interest  at  a1  rate  not  exceeding  six  per  centum  per 
annum ;  they  may  be  issued  serially  or  all  made  to  mature  at  a 
fixed  time.     If  the  latter,  a  sinking  fund  shall  be  created  to . 
provide  for  their  payment,  but  if  the  city  has  a  sinking  fund, 
and  by  custom  or  law  the  debt  of  the  school  district  has  been 
provided  for  by  the  city's  sinking  fund,  this  may  be  continued 
and  all  of  said  city  officers  charged  with  this  duty  are  for  this 
purpose  ex-officio  made  the  officers  of  the  school  district. 

Am.  1921,  Act  72. 

(395)  SEC.  13.     In  addition  to  its  other  powers,  it  may 
with  the  consent  of  the  legislative  body  of  the  city,  authorize 
its  financial  officers  to  borrow  for  a  period  of  one  year  or  less, 


GENERAL  SCHOOL  LAWS. 


on  the  best  terms  obtainable,  any  sums  necessary  to  pay  any 
av  apds  in  condemnation  proceedings. 

396)     SEC.  14.    Any  local  agency  or  lo^al  officer  charged  Local 
bj  special  or  local  act  passed  by  the  state  legislature,  with 
ai  r  duty  or  responsibility  to  any  school  or  school  district,  is  <"strlct- 
h(  *eby  on  the  revision  or  amendment  of  said   act  by  local 
ai  Uiority  made  the  agent  or  officer  of  the  school  district  for 
tli  ;  performance  of  the  said  duty  and  the  discharge  of  the 
s,   d  responsibility. 

(.'{!»")    Si:<\  ]."i.     It   shall  have  no   power  to    admit    pupils.  Tuition  for 
In  th  of  whose  parents  live  outside  the  city,  to  its  schools  with- 
01  t  payment  of  a  tuition  fee,  nor  shall  it  exercise  any  power 
h  rein  conferred  except  in  the  manner  provided  by  law  for 
it  >  guidance. 

Sec.  16  declares  this  act  to  be  immediately  necessary  for  the  preservation  of 
tli     public  peace,  health  and  safety. 


TKACIIKKS'   INSTITUTES. 

A  i  Act  to  provide  for  the  better  support  of  teachers'  institutes,  and 
to  repeal  sections  three  thousand  seven  hundred  and  eighty-nine, 
three  thousand  seven  hundred  and  ninety,  and  three  thousand  seven 
hundred  and  ninety-one  of  the  compiled  laws  of  eighteen  hundred 
and  seventy-one. 

[Act  53,  P.   A.   1877.] 

The  People  of  the  State  of  Michigan  enact: 

(398)  §  5970.     SECTION  1.     That    all    boards  or    officers, 
authorized   by  law  to  examine  applicants  for  certificates  of 
(jiialitication  as  teachers,  shall  collect,  at  the  time  of  examina- 
tion, from  each  male  applicant  for  a  certificate,  an  annual  fee 

f  one  dollar,  and  from  each  female  applicant  for  a  certificate. 
11  annual  fee  of  fifty  cents,  and  the  director  and  secretary  of 
ny  school  board  that  shall  employ  any  teacher  who  has  not 
•aid  the  fee  hereinbefore  provided,  shall  collect,  at  the  time 
making  contract,  from  each  male  teacher  so  employed,  an 
j  nnual  fee  of  one  dollar,  and  from  each  female  teacher  so  em- 
ployed, an  animal  fee  of  fifty  cents.     All  persons  paying  a  fee  Receipt, 
as  required  1>V  tli  is  section,  shall  be  given  a  receipt  for  the 
same,  and  no  person  shall  be  required  to  pay  said  fee  more 
ian  once  in  any  school  year. 

VALID:  This  act  does  not  conflict  with  Const.,  Art  x,  section  1,  on 
«•  ground  that  the  fees  are  specific  taxes;  nor  on  the  ground  that  the  fees 
e  not  uniform.  This  section  is  not  defective,  incomplete,  ineffectual  and  is 
Ii<l. — Hammond  v.  School  Board,  109/670. 

(399)  §  .V.I71.     SKC.  :>.     All    such  fees,    collected  by    the  D 
director  or  secretary  of  any  school  board,  shall  be  paid  over0 
to  the  secretary  of  the  county  board  of  school  examiners  of 
the   county  in    which  they  were   collected,  on   or  before   the 
fifteenth  day  of  March,  June,  September  and  December,  ac- 


Boards  to 
collect  fees 
from  appli- 
cants for 
certificates. 


When  to  be 
collected  by 
director,  etc., 
of  school 
board. 


tion 


182 


STATE  OF  MICHIGAN. 


companied  by  a  list  of  those  persons  from  whom  they  were 
collected,  and  all  of  such  fees,  together  with  all  those  that 
shall  be  collected  by  the  county  board  of  school  examiners, 
shall  >be  paid  over  by  the  secretary  of  said  'board  of  school  ex- 
aminers to  the  treasurer  of  the  'county  in  which  they  were  col- 
lected, on  or  before  the  last  day  of  March,  June,  September 
and  December,  in  each  year,  accompanied  by  a  complete  list 
of  all  persons  from  whom  said  fees  were  collected,  and  a  like 
list,  accompanied  by  a  statement  from  the  county  treasurer 
that  said  fees  have  been  paid  to  him,  shall  be  sent  by  said 
secretary  to  the  superintendent  of  public  instruction.  All 
moneys  paid  over  to  the  county  treasurer,  as  provided  by  this 
act,  shall  be  set  apart  as  a  teacher's  institute  fund,  to  be  used 
as  hereinafter  provided. 

(400)  §  5972.     SEC.  3.     The  superintendent  of  public  in- 
struction shall  annually  appoint  a  time  and  place  in  each  or- 
ganized county  for  .holding  a   teachers'  institute,  make   suit- 
able   arrangements  therefor,    and    give  due    notice    thereof: 
Provided,    That  in  organized    counties  'having  less  than    one 
thousand  children  between  the  ages  of  five  and  twenty  years, 
the  holding  of  such  institute  shall  be  optional  with  the  said 
superintendent,  unless  requested  to  hold  such  institute  by  fif- 
teen teachers  of  the  'county  in  which  such  institute  is  to  be 
held:     Provided,  'however,  That  if  there  shall  not  be  a  suffi- 
cient number  of  teachers  in  any  county  to  make  such  request, 
then  teachers  of  adjoining  counties  who  desire  to  attend  such 
institute  may  unite  in  the  required  application  to  said  super- 
intendent :     Provided,  also,  fhat  the  said  superintendent  may, 
in  his  discretion,  hold  an  institute  for  the  benefit  of  two  or 
more  adjoining  counties,  and  draw  the  institute  fund  from 
each  of  the  -counties  thus  benefited,  as  hereinafter  provided. 

(401)  §  5973.     SEC.  4.     The  superintendent  of  public  in- 
struction, in  case  of  inability  personally  to  conduct  any  in- 
stitute, or  to  make  the  necessary  arrangements  for  holding 
the  same,  is  hereby  .authorized  to  appoint  some  suitable  per- 
son for  that  purpose,  who  shall  be  subject  to  the  direction  of 
said  'Superintendent.     Every  teacher  attending  any  institute 
held  in  accordance  with  the  provisions  of  this  act,  shall   be 
given  by  the  superintendent  of  public  instruction,  or  by  the 
duly  appointed  conductor,  a  certificate  setting  forth  at  what 
sessions  of  said  institute  such  teacher  shall  have  been  in  at- 
tendance, and  any  teacher  who  shall  "have  closed  his  or  her 
school,  in  order  to  attend  said  institute,  shall  not  forfeit  his 
or  her  wages  as  teacher,  during  such  time  as  he  or  she  shall 
have  been  in  attendance  at  said  institute,  and  the  certificate 
hereinbefore  provided  shall  be  evidence  of  such  attendance. 

(402)  §  5974.     SEC.  5.     For  the  purpose  of  defraying  the 
expenses-  of  rooms,  fires,  lights,  or  other  necessary  charges, 
and  for  procuring  teachers  .and  lecturers,  the  said  superin- 
tendent, or  the  person  duly  authorized  by  him  to  conduct  said 
institute,  may  demand  of  the  county  clerk  of  each  county  for 
the  benefit  of  which  the  institute  is  held,  who  shall  thereupon 


Annual 
county 
institute. 


Proviso, 
when  optional 
with  super- 
intendent. 


Proviso. 


Proviso. 


In  case  of 
inability  of 
superin- 
tendent. 


Certificates  of 
attendance. 


Teachers  at- 
tending not 
to  forfeit 
wages. 


Expense  of 
institute, 
how  paid. 


GENERAL  SCHOOL  LAWS. 


di  iw  an  order  on  the  county  treasurer  of  his  county  for  such 
sun,  not  excelling  the  amount  of  the  institute  fund  in  the 
C(>  inly  treasury,  as  may  be  necessary  to  defray  the  expenses 
of  said  institute;  and  the  treasurer  of  said  county  is  hereby 
re  [Hired  to  pay  over  to  said  superintendent  or  duly  appointed 
institute  conductor,  from  the  institute  fund  in  his  hands,  the 
;n  lonnt  of  said  order. 

i  K):!i  £  r»!)7r>.  Si:c.  r».  In  case  the  institute  fund  in  any  Maydraw 
c<  unty  shall  l»e  insufficient  to  defray  the  necessary  expenses  J^JJer. 
o1  any  institute  held  under  the  provisions  of  this  act,  the 
a  ditor  general  shall,  upon  the  certificate  of  the  snperin- 
t<  ident  that  he  has  made  arrangements  for  holding  such  in- 
stitute  and  that  the  county  institute  fund  is  insufficient  to 
n  3et  the  expenses  i  hereof,  draw  his  warrant  upon  the  state 
tiMsurer  for  such  additional  sum  as  said  superintendent 
si  all  deem  necessary  for  conducting  such  institute,  which  sum 
s  all  not  exceed  one  hundred  dollars  for  each  institute,  and 
si  all  be  paid  out  of  the  general  fund. 

(404)     §  51)7(1.     SEC.  7.     The  superintendent  is  authorized  Yearly 
tn  hold,  once  in  each  year,  an  institute  for  the  state  at  large,  jSsutute. 
i»  be  denominated   a    state   institute,  and   for  the  purpose  of 
defraying  the  necessary  expenses  of  such   institute,  the  audi- 
tor general  shall,  on  the  certificate  of  said  superintendent  that 
IM  has  made  arrangements  for  holding  such    institute,  draw 
his  warrant     upon   the  state  treasurer   for  such  sum  as    said 
H  iperintendeiit   shall  deem  necessary  for  conducting  such  in- 
s  itute,  which  sum  shall  not  exceed  four  hundred  dollars  and 
s  mil  be  paid  out  of  the  general  fund:     Provided,  That  not  Proviso. 
more  than    three  thousand  dollars   shall  be  drawn  from    the 
treasury  or  any  greater  liability  incurred  in  any  one  year  to 
meet  the  provisions  of  this  act. 

t(405)     §  5977.    SEC.  8.  The  superintendent  of  public  instruc-  vouchers  for 
ion,  or  the  conductor  of  the  institute  by  him  appointed,  draw-  Payment8- 
tig  money  from  the  county  treasurer,  under  section  five  of 
his  act,  shall,  at   the  close  of  each  institute,  furnish  to  the 
(onnty  treasurer,  vouchers  for  all  payments  from  the  same  in 
accordance  with    this  an.  and    he  shall   return  to  the  county 
treasmer  whatever  of  the  amount   that  may  remain  unexpend- 
d,  to  be  replaced   in   the  institute  fund. 


184 


STATE  OF  MICHIGAN. 


BUREAU  OF  INFORMATION. 


Information 
bureau, 
establish- 
ing of. 


Fee  for 
registering. 


Information 
free. 


An  Act  to  provide  for  the  establishment  in  the  office  of  the  superin- 
tendent of  public  instruction  of  a  bureau  of  information  for  the 
benefit  of  school  officers,  superintendents  and  teachers. 

[Act  2131,  P..  A.  Ii907.] 

The  People  of  tlie  State  of  Michigan  enact: 

(406)  §  5825.     SECTION  1.     The  superintendent  of  public 
instruction  shall  establish  and  maintain  in  his  office  a  bureau 
of  information   wherein  teachers    desiring  employment   may 
register  and  file  such  papers  as  to  their  qualifications  as  they 
may  deem  fit,  and  wherein  school  officers  and  superintendents 
may    register  vacancies    in  their    respective    schools.     Each 
teacher   so  registering   shall  pay  a  fee  of    one  dollar  to   the 
superintendent  of  public  instruction,  which  fees  shall  be  de- 
posited with   the  state  treasurer,  and  by  him  placed  to    the 
credit  of  the  general  fund. 

(407)  §  5826.     SEC.  2.     Such  information  as  is  contained 
in  said  bureau  shall  be  given  without  charge  to  all  school  of- 
ficers, superintendents  and    teachers  who  may  ask    therefor, 
but  neither  the  superintendent  of  public  instruction  nor  any 
one  employed  in  his  office  shall  be  required  to  recommend  any 
teachers  for  positions. 


COMPULSORY  EDUCATION. 


Children  of 
certain  ages 
required  to 
attend 
school. 


Proviso, 
when  school 
year  divided 
into  quarters. 


Proviso, 
children  not 
required  to 

attend. 


An  Act  to  provide  for  the  compulsory  education  of  children,  for  pen- 
alties for  failure  to  comply  with  the  provisions  of  this  act,  and  to 
repeal  all  acts  or  parts  of  acts  conflicting  with  the  provisions  of  the 
same. 

[Act  200,  P.  A.   U905.] 

The  People  of  the  State  of  Michigan  enact: 

(408)  §  5979.  SECTION  1.  Every  parent,  guardian  or 
other  person  in  the  state  of  Michigan,  having  control  and 
charge  of  any  child  between  the  ages  of  seven  and  sixteen 
years,  shall  be  required  to  send  such  child,  equipped  with  the 
proper  text-books  necessary  to  pursue  his  or  her  school  work, 
to  the  public  schools  during  the  entire  school  year,  and  such 
attendance  shall  be  continuous  and  consecutive  for  the  school 
year  fixed  by  the  district  in  which  such  parent,  guardian  or 
other  person  in  parental  relation  may  reside :  Provided,  That 
in  school  districts  which  maintain  school  during  the  entire 
year,  and  in  which  the  school  year  is  divided  into  quarters,  no 
child  shall  be  compelled  to  attend  the  public  school  more  than 
three  quarters  in  any  one  year;  but  the  absence  of  no  child 
shall  be  permitted  for  any  two  consecutive  quarters:  Pro- 
vided, That  in  the  following  cases  children  shall  not  be  re- 
quired to  attend  the  public  schools: 


: 


GENERAL  SCHOOL  LAWS.  185 

a)  Any  child  who  is  attending  regularly  and  is  being 
ta  ight  in  a  private  or  parochial  school  which  has  complied 
wi  :h  all  the  provisions  of  this  act  and  teaches  such  branches 
as  are  taught  in  the  public  schools  to  children  of  correspond- 
in  j  age  and  grade  as  determined  by  the  course  of  study  for 
th  j  public  schools  of  the  school  district  within  which  such  pri- 
v;  e  or  parochial  school  is  located,  or  who,  upon  the  comple- 
ti-  n  of  the  work  in  such  schools,  shall  present  satisfactory 
e\  dence  to  the  county  commissioner  of  schools,  and  in  appro- 
pi  .ate  cases,  to  the  superintendent  of  schools,  that  he  has  com- 
pl  jted  sufficient  work  to  entitle  him  to  an  eighth  grade  di- 
p]  >rna; 

(fb)     Any  child  who  has  received  an  eighth  grade  diploma  possessor  of 
f i  >m  the  public  schools ;  or  who  is  regularly  employed  as  a 
p:  ge  or  messenger  of  either  branch  of  the  legislature,  during 
tl  e  period  of  such  employment ; 

(c)  Any  child  who  is  physically  unable  to  attend  school.  Physically 
11  the  truant  officer  is  notified  of  the  non-attendance  of  any  U1 

cl  ild  at  school,  and  he  shall  find  the  one  in  parental  control 
cl  liming  that  such  child  is  physically  unable  to  attend  school, 
tl  e  truant  officer  may  secure  a  written  statement  of  a  com- 
petent physician,  certifying  that  such  child  is  physically  un- 
alile  to  attend  school; 

(d)  Children  over  fourteen  years  of  age  who  have  com- when 

p  eted  the  work  of  the  sixth  grade  whose  services  are  essen-  Usentiai  to 
ti  al  to  the  support  of  their  parents   may  be  excused  by   the  JJggJJJ  of 
county  commissioner    of  schools  or  city  superintendent    of 
S(  hools  from  attendance  at  school,  on  the  recommendation  of 
the  board  of  education  of  the  district  in  which  such  children 
reside,  and  said  board  shall  certify  to  the  officers  herein  men- 
tioned the  facts  in  all  such  cases:     Provided,  Nothing  in  this  Proviso, 
ait  or  any  other  act  shall  prevent  children  fourteen  years  of 
or  over  from  procuring  a  permit  to  work  outside  of  school 
3urs,  during  the  school  year; 

(e)  Children  under  nine  years  of  age,  whose  parents   do  Distance 
not  reside  within  two  and  one-half  miles,  by  the  nearest  trav- fromsch001- 
o  ed   road,  of  some  public  school:     Provided,  That  if  trans-  proviso, 
portation  is  furnished  for  pupils  in  said  district,  this  exemp- 

t  on  shall  not  apply; 

(f)  Any  child  twelve  to  fourteen  years  of  age  while    in  Member  of 
al  tendance  at  confirmation  classes  conducted  for  a  period  of  gJJJ*™,1101 
lot  to  exceed  live  months  in  either  of  said  years;  any  child  ° 
claiming  exemption  from  attending  school  under  subdivisions 

(a)  or  (b)  hereof  upon  the  ground  of  having  completed  suf- 
f.cient  work  to  entitle  him  to  an  eighth  grade  diploma,  shall 
secure  such  permit  as  may  be  required  under  the  statutes  of  permit 
Michigan  covering  the  employment  of  minors,  and   shall  be  required- 
icgularly  employed   at  some  lawful  work  if  physically  able 
*o   to  do,  or  any    child  who  lias    completed  the  work  of   the 
eighth  grade  who  wishes  to  be  employed  at  some  labor    for 
which  a  labor  permit  is  not  required  may  be  granted  an  ex- 
cuse  for  such    work   by    the   county   commissioner  of  schools 


186 


STATE  OF  MICHIGAN. 


or  the  superintendent  of  schools  of  a  city  district,  or  duly 
authorized  agents.  Such  child  must  present  to  the  officer  who 
issued  the  excuse  satisfactory  evidence  eacli  mouth  that  lie 
or  she  is  actually  performing  the  work  for  which  the  excuse 
was  issued. 


To  report 
monthly. 


County 
truant  officer, 
bond,  etc. 


Powers. 


Proviso,  cer- 
tain cities. 


Further  pro- 
viso, graded 
school 
districts. 


Further  pro- 
viso, U.  P. 


Proviso. 


Bonds. 


Am.  1917,  Act  179  ;  1919  ,  Act  13.2,  Act  4  of  1919  also  amended  this  act, 
deemed  superseded  by  Act  132. 

As   to   the  permit   contemplated    in  paragraph    (f),    see  section   <13tS. 

A  child  over  1'6  years  of  age  is  not  between  the  ages  of  7  and  16  years.,  and 
as  to  construction  of  age  limit,  see  Jackson  v.  Mason,  145/33-8.  The  board 
of  supervisors  may  reimburse  a  deputy  sheriff  for  attorney's  fees  paid  to  de- 
fend himself  against  an  action  of  malicious  prosecution  for  arrest  on  a  war- 
rant fair  on  its  face,  where  the  officer  acted  in  good  faith  and  was  held  not 
liable. — iMessmore  v.  Kracht,  1712/120.  Charge  held  insufficient  to  sustain  con- 
viction.— People  v.  Turja,  167/530. 

(409)  §  5980.  'SEC.  2.  The  county  commissioner  of 
schools  in  each  county  shall  select  a  person  of  good  moral 
character  to  act  as  truant  officer  for  the  county.  The  person 
so  selected  shall  file  with  the  county  clerk  his  acceptance  and 
oath  of  office  and  a  'bond  in  the  sum  of  one  thousand  dollars, 
with  two  sufficient  sureties  to  foe  approved  'by  the  county 
clerk.  The  person  so  selected  shall  be  known  as  the  county 
truant  officer,  and  he  shall  have  all  the  powers  of  a  deputy 
sheriff,  and  he  shall  perform  the  duties  of  truant  officer  in  all 
school  districts  of  the  county  when  directed  to  do  so  by  the 
county  commissioner  of  schools,  except  as  hereinafter  pro- 
vided: Provided,  That  in  cities  having  a  duly  organized  po- 
lice force  it  shall  be  the  duty  of  the  police  authorities,  at  the 
request  of  the  board  of  education,  to  detail  one  or  more  mem- 
bers of  such  police  force  to  perform  the  duties  of  the  truant 
officer  in  such  city,  but  this  provision  shall  not  be  construed 
as  prohibiting  such  board  of  education  from  appointing  any 
citizen  not  a  police  officer  as  truant  officer:  Provided  further, 
That  in  graded  school  districts  the  board  of  education  shall 
have  authority  to  appoint  one  or  more  truant  officers  and  fix 
the  compensation  of  the  same,  said  compensation  to  be  paid 
by  the  district :  And  provided  further,  That  in  all  townships 
of  the  upper  peninsula  organized  as  township  unit  districts, 
the  board  of  education  of  such  township  shall  'have  authority 
to  appoint  one  or  more  truant  officers  for  said  township  and 
fix  the  compensation  for  such  service,  said  compensation  to  be 
paid  from  the  proper  funds  of  such  school  district.  For  all 
townships  of  the  upper  peninsula  not  organized  as  township 
unit  districts  the  county  truant  officer  appointed  as  herein 
prescribed  shall  act :  Provided,  That  if  in  any  graded  dis- 
trict or  township  the  board  of  education  does  not  appoint  a 
truant  officer,  the  county  truant  officer  shall  act  in  such  dis- 
trict or  township.  The  truant  officers  herein  provided  for  in 
cities,  graded  school  districts  and  township  unit  districts 
shall  give  bonds  to  the  board  of  education  in  the  sum  of  five 
hundred  dollars,  said  bonds  to  be  approved  by  the  board  of 
education,  and  filed  with  said  board,  and  such  officers  shall 
have,  within  their  jurisdiction  and  while,  in  the  performance 
of  the  duties  of  truant  officer,  the  powers  of  the  deputy 


GENERAL   SCHOOL  LAWS.  187 


sh  riff.     The  compensation,  of  the  county  truant  officer  shall  > 

be  three  dollars  per  day  for  every  day  actually  engaged    in  compensation, 

.  th<  discharge  of  his  duties,  and  actual  expenses,  and  all  bills 
fo  such  service  shall  be  certified  by  the  county  commissioner 
of  schools.  In  cities,  when  the  board  of  education  appoints 
a  ruant  officer  other  than  a  police  officer,  said  board  shall  tix 

[   tb  j  compensation  for  such  truant  officer  and  pay  such  officer 
fr  an  the  incidental  fund.     The  compensation  and  actual  ex-  HOW  paid. 
p<  uses  of  the  county  truant  officer  shall  be  allowed  and  paid 
ii   the  same  manner  as  the  compensation  of  other  county  offi- 
ce rs  is  allowed  and  paid  by  the  county;  and  when  the  police 
ai  thorities  detail  one  or  more  members  of  the  force  as  truant 
oi  icers,  they  shall  receive  such  compensation  and  actual  ex 
p  nses  for  such  service  as  the  board  of  aldermen  or  police  com- 
]i  ission  may  determine,  and  be  paid  from  the  same  fund  as 
tl  e  police  authorities  are  usually  paid:     Provided,  That  this  proviso. 
a  t  shall  not  be  so  construed  as  to  affect  any  existing  appoint- 

n  ent. 

•  110)     §  5081.     SEC.  3.     (a)     It  shall  be  the  duty  of  theCoPyof 
s  hool  director  of  all  school  districts,  except  in  city,  graded 
a  id  township  districts,  to  provide  the  teacher,  at  the  com-  teacher. 
n  encement  of  school,  with  a  copy  of  the  last  school  census, 
1  Aether  with  the  names  and  addresses  of  the  persons  in  pa- 
i-Mital    relation,   also   address   of   the   county   commissioner  of 
s  'hools.     The  teacher  shall,  at  the  opening  of  school  and  at  Duty  of 
sach  other  times  as  may  be  necessary,  compare  said  census  te 
1  st  with  the  enrollment  of  the  school  and  report  to  the  county 
commissioner  of  schools  the  names  of  the  parents  or  other 
1  ersons  in  parental  relation  whose  children  of  the  ages  herein- 
1  efore  mentioned  are  not  in  regular  attendance  at  school  ;  also 
the  names  of  parents  or  other  persons  in  parental  relation 

«v  ho  have  children  of  school  age  not  included  in  such  census 
nd  \vlin  do  not  attend  school; 
(In      In  all   city,  graded   and  township  districts  the  secre-  census  fur- 
ary  of  the  hoard  of  education  shall,  at  the  commencement  of  of^ocTis'iu 
school,  furnish  a  copy  of  the  last  school  census  to  the  super-  cities,  HC. 
ntendeni    of  schools   in   such   city,  graded   and    township   dis- 
ricts,  together  with  the  name  and  address  of  the  truant  officer 
inder  whose  jurisdiction  they  act.  and  it  shall  be  the  duty  of  Duty  of  su- 
<aid    superintendent     at     the    opening    of    school    to    compare1"'1" 
•said  census  list   with   the  enrollment   of  the  school  or  schools, 
and    from    time   to   time  as   it   may   be   necessary   report    to    the 
proper  truant  ollicer  the  names  and  addresses  of  any  parents 
or  other   persons    in    parental    relation    whose   children   of   the 
ages    hereinbefore    mentioned    are    not    in    regular   attendance 
at  the  public  schools,  also  names  of  parents  or  others  in   pa- 
rental relation  whose  children  are  not   in  the  school  and  w!.« 
names  are  not    included   in  such   census;  it  shall  be  the  duty  Duty  of  prin- 
of  the  principal,  or  any  oilier  person  or  persons  in  charge  of  parochial','  01 
every  private  and   parochial   school   in   any  city  or  township  ('tc-  x 
of  the  county  at  the  opening  of  such   schools  to  furnish  to 


188 


STATE  OF  MICHIGAN. 


the  said  superintendent  or  county  commissioner  of  schools 
the  name,  age  and  grade  of  the  child  and  the  city  or  number 
of  the  district,  the  township  and  county  where  the  parent, 
guardian  or  person  in  parental  relation  resides  and  the 
name  and  address  of  the  parent,  guardian  or  other  person 
in  parental  relation  of  every  child  who  has  enrolled  in  such 
schools,  and  from  time  to  time  to  report  to  said  superintend- 
ent or  county  commissioner  the  name,  age  and  grade  of  the 
child  and  the  city  or  number  of  the  district,  the  township  and 
county  where  the  parent,  guardian  or  person  in  parental  re- 
lation resides  and  the  name  and  address  of  the  parent,  guard- 
ian or  other  person  in  parental  relation  of  every  child  who 
has  enrolled  in  such  schools,  and  the  name,  age  and  grade  of 
the  child  and  the  city  or  number  of  the  district,  the  town- 
ship and  county  where  the  parent,  guardian  or  person  in 
parental  relation  resides  and  the  name  and  address,  of  the 
parent,  guardian  or  other  person  in  parental  relation  of  every 
child  who  is  not  in  regular  attendance  in  such  schools; 
Truant  officer  (c)  It  shall  be  the  duty  of  the  truant  officer  of  the  city 
or  district,  whenever  notified  by  the  teacher,  superintendent, 
or  other  person  or  persons  of  violations  of  this  act,  and  the 
county  truant  officer,  when  notified  by  the  commissioner  of 
schools,  to  investigate  all  such  cases  of  truancy  or  non-attend- 
ance at  school,  and  if  the  children  complained  of  are  not 
exempt  from  the  provisions  of  this  act  under  the  conditions 
named  in  section  one,  then  he  shall  immediately  proceed  as 
it  is  provided  in  section  four  of  this  act:  Provided,  That 
it  shall  be  the  duty  of  the  county  truant  officer  when  requested 
to  do  so  by  the  county  commissioner  of  schools  to  inspect  the 
outhouses  in  primary  districts  and  order  repairs  on  the  same, 
and  in  case  the  district  board,  after  proper  notification  by 
the  truant  officer,  fails  to  have  such  outhouses  put  in  proper 
and  sanitary  condition  it  shall  be  the  duty  of  the  said  truant 
officer  to  have  such  work  done  at  the  expense  of  the  district; 
(d)  In  case  any  person,  parent  or  other  person  in  parental 
relation  shall  fail  to  comply  with  the  provisions  of  this  act, 
he  shall  be  deemed  guilty  of  a  misdemeanor,  and  shall  on  con- 
viction thereof  be  fined  not  less  than  five  dollars  nor  more 
than  fifty  dollars,  or  imprisonment  in  the  county  or  city  jail 
for  not  less  than  two  nor  more  than  ninety  days,  or  both  such 
fine  and  imprisonment  in  the  discretion  of  the  court. 

Am.   1917,  Act  179;   1919,  Act  132. 

(411)  §  5982.  SEC.  4.  (a)  It  shall  be  the  duty  of  the 
county  commissioner  of  schools  to  furnish  the  truant  officer  of 
the  county,  at  the  opening  of  the  schools,  with  a1  list  of  the 
teachers  and  superintendents  employed  in  his  county  in  school 
,  districts  other  than  in  such  city,  graded  and  township  dis- 
tricts as  are  described  in  section  two  of  this  act; 

Failure  to  (b)     In  case  any  parent  or  other  person  in  parental  rela- 

schooi.  *          tion  shall  fail  to  send  the  child  or  children  under  his  or  her 


Proviso, 
outhouses. 


penalty. 


List  of  teach- 
ers furnished 
to  truant 
officer. 


GENERAL   SCHOOL  LAWS.  189 

co  trol  to  the  public  school,  the  truant  officer,  upon  having 
no  ice  from  proper  authority  of  such  fact,  shall  immediately 
an  I  within  twenty-four  hours  thereafter  give  formal  written 
no  ice  in  person  or  by  registered  mail,  to  the  parent  or  other 
P<  son  in  parental  relation,  that  the  child  or  children  under 
hi  or  her  control  shall  present  himself  or  themselves  at  the 
l>i  >lic  school,  except  as  hereinbefore  provided,  on  the  day  fol- 
io ring  the  receipt  of  such  notice,  with  the  necessary  text- 
b<  »ks  for  instruction  in  the  proper  school  or  schools  of  the 
di  trict  or  city.  Said  notice  shall  inform  the  parent  or  other 
pi  rson  in  parental  relation  of  the  date  that  attendance  must 
b(  *in  and  that  such  attendance  at  school  must  be  continuous 
ai  d  consecutive  during  the  remainder  of  the  school  year  as 
t;  ight  in  the  district.  The  truant  officer  shall,  at  the  same 
ti  ne  the  said  formal  notice  is  given  to  the  parent  or  person 
ii  parental  relation,  notify  the  teacher  or  superintendent  or 
«  nmiissioner  of  the  fact  of  notice,  and  it  shall  be  the  duty  of 
tl  e  teacher  or  superintendent  or  commissioner  to  notify  the 
liuant  officer  of  failure  on  the  part  of  the  parent  or  other 
I'  rson  in  parental  relation  to  comply  with  said  notice; 

(c)  It  shall  be  the  duty  of  all  truant  officers,  after  having  complaint, 
ii  veil  the  formal  notice  hereinbefore  described,  to  determine  ^tnstiade 
•\\liether  the  parent  or  other  person  in  parental  relation  has  Parent« etc- 
c< implied  with  the  notice,  and  in  case  of  failure  to  so  comply 

h  '  shall  immediately  and  within  three  days  after  having 
k  lowledge  or  being  notified  thereof,  make  a  complaint  against 
s  iid  parent  or  other  person  in  parental  relation  having  the 
1<  gal  charge  and  control  of  such  child  or  children,  before 
any  justice  of  the  peace  in  the  county  where  such  party 
]•  -sides  for  such  refusal  or  neglect  to  send  such  child  or  chil- 
dren to  school;  and  said  justice  of  the  peace  shall  issue  a 
v  arrant  upon  said  complaint  and  shall  proceed  to  hear  and 
determine  the  same  in  the  same  manner  as  is  provided  by 
statute  for  other  cases  under  his  jurisdiction,  and  in  case  of 
conviction  of  any  parent  or  other  person  in  parental  relation 
1'  »r  violation  of  this  act,  said  parent  or  other  person  in 
I  a  rental  relation  shall  be  punished  according  to  the  provisions 
(  f  section  three  of  this  act :  Provided,  That  in  cities  having  a  proviso, 
recorder's  court  and  justices  of  the  peace,  the  truant  officer 
>liall  make  the  aforesaid  complaint  before  the  magistrate  of 
.iai«l  recorder's  court  or  before  a  justice  of  the  peace,  and 
f  aid  magistrate  or  justice  shall  issue  a  warrant  and  proceed 
o  hear  and  determine  the  case  in  the  same  manner  as  is  pro- 
"ided  in  the  statute  for  other  cases  under  his  jurisdiction; 

(d)  It  shall  be  the  duty  of  all  school  officers,  superintend-  Teachers,  etc., 
•  MI ts,  teachers  or  other  persons  to  render  such  assistance  and  officer.1™ 
'iirnish  such  information  as  they  may  have  at  their  command 

such  truant  officer  in  the  performance  of  his  official 

A  in.    1917,    Act    179. 


190 


STATE  OF  MICHIGAN. 


School  boards 
may  establish 
ungraded 
schools. 


May  require 
attendance. 


Juvenile  dis- 
orderly per- 
sons, who 
deemed. 


(412)  §  5983.  SEC.  5.  In  any  graded  or  city  district  in 
this  state,  the  school  board  or  officers  having  in  charge  the 
schools  of  such  districts  may  establish  one  or  more  ungraded 
schools  for  the  instruction  of  certain  children  as  defined  and 
set  forth  in  the  following  section.  They  may,  through  the 
truant  officer  and  superintendent  of  .schools,  require  such 
children  to  attend  said  ungraded  schools,  or  any  department 
of  their  graded  schools,  as  said  board  of  education  may  direct. 

(413)'  §  5984.  SEC.  6.  The  following  classes  of  persons 
between  and  including  the  ages  of  seven  and  sixteen  years 
residing  in  graded  school  districts  or  cities  as  described  in 
section  five  of  this  act  shall  be  deemed  juvenile  disorderly 
persons  and  shall,  in  the  judgment  of  the  proper  school  author- 
ities, be  assigned  to  the  ungraded  school  or  schools  as  pro- 
vided in  section  five  of  this  act  :  Class  one,  habitual  truants 
from  any  school  in  which  they  are  enrolled  as  pupils;  class 
two,  children,  who,  while  attending  any  school,  are  incor- 
rigibly turbulent,  disobedient  or  insubordinate,  or  are  vicious 
and  immoral  in  conduct;  class  three,  children  who  are  not 
attending  any  school  and  who  habitually  frequent  streets 
and  other  public  places,  having  no  lawful  business,  employ- 
ment or  occupation. 

'Sec.  7  repeals  Act  9'5  of  l'S9'5,  being  C.  L.  1897,  §  §  4847-4832.     See  §  5985, 


A  charge  that  respondent  was  a  disorderly  juvenile  offender,  in  that  she 
neglected  and  refused  to  go  to  school,  and  was  a  truant  and  is  an  unmanage- 
able child,  is  insufficient  to  sustain  a  conviction  (C.  L.  19115  §  1>5'576).  —  People 
v.  Turja,  1157/5130. 


An  Act  to  provide  for  the  compulsory  education  of  deaf  children. 
[Act  4(8,  P.  A.   1907.] 

The  People  of  the  State  of  Michigan  enact: 

(414)  §    5986.     SECTION   1.     Every   parent,   guardian   or 
other  person  in  the  state  of  Michigan  having  control  or  charge 
of  any  child  or  children  between  the  ages  of  seven  and  eighteen 
years,  and  who  by  reason  of  deafness  or  imperfect  hearing 
cannot  be  taught  successfully  in  the  public  schools,  shall  be 
required  to  send  such  child  or  children  to  a  day  school  for  the 
deaf,  the  Michigan  school  for  the  deaf,  located  at  Flint,  or  to 
such  other  school  for  the  deaf  as  the  said  parent,  guardian,  or 
other  person  in  parental  control,   prefers  :    Provided,    That 
should  the  parent,  guardian  or  other  person  in  parental  con- 
trol of  said  child  or  children  fail  to  meet  the  foregoing  pro- 
vision, then  such  child  or  children  shall  be  sent  to  the  Mich- 
igan school  for  the  deaf,  located  at  Flint. 

(415)  §  5987.    SEC.  2.    In  cases  where  such  parent,  guard- 
poor  ?hndren.  ian  or  other  person,  on  account  of  their  poverty,  are  unable 

to  furnish  such  child  or  children  with  transportation  to  and 
from  such  school,  the  board  of  trustees  of  the  Michigan  school 
for  the  deaf  shall  furnish  such  transportation  each  year,  and 


Proviso. 


Transorta- 


GENERAL   SCHOOL  LAWS.  191 

th  ;  said  board  of  trustees  may  include  therewith  transporta- 

ti<  n  for  sucli  parent,  guardian  or  oilier  person  to  said  school 

ai.I  return,  where  the  child  is  under  twelve  years  of  age,  and 

fo  •  that  purpose  may  issue  a  reriilirale  directed  to  the  auditor 

g(  leral  that  said  amount  is  necessary  for  the  benefit  of  such 

in  lividuals,    who    shall    draw    his    warrant    upon    the   istate 

ti  iasurer  therefor;  and  any  such  sums  are  hereby  appropri- Sum*,  how 

a    'd  and  sliall  l»c  paid  out  of  any  moneys  in  the  general  fund. 

n<  t  otherwise  appropriated,    and   the  auditor   general   shall 

cl  arge  all  such  moneys,  so  drawn,  to  the  county  of  which  such 

p.  rent,  guardian  or  other  person  is  a1  resident,  or  to  which 

h<   or  she  belongs,  to  be  collected  and  returned  to  the  general 

fi  nd  the  same  as  any  state  taxes  are  required  to  be  by  law. 

(41G)     §   5988.     SEC.  3.     Act  number  two  hundred  of  the  f^taiy  act 
p  iblic  acts  of  nineteen  hundred  five,  entitled  "An  act  to  pro- l 
v  de  for  the  compulsory  education  of  children,  for  penalties 
f<  r  failure  to  comply  with  the  provisions  of  this  act,  and  to 
i   peal  all  acts  or  parts  of  acts  conflicting  with  the  provisions 

0  the  same,"  shall  apply  in  the  execution  of  this  act,  and 
fie  officers  mentioned  in  said  act  shall  be  required  to  report 
a  1  cases  of  deaf  children  residing  in  their  jurisdiction  to  the 
s  iperintendent  of  the  Michigan  school  for  the  deaf,  and  they 
s  i all  enforce  this  act  in  the  same  manner  as   the  said  act 

1  umber   two  hundred  of  nineteen  hundred  five  is  enforced. 

T  he  same  penalties  prescribed  for  violation  of  said  act  are  Penalties. 
hereby  prescribed  for  violation  of  this  act. 


COMPULSORY  EDUCATION  OF  BLIND  CHILDREN. 

[Extracts  from   Act   U2S,   P.   A.    1S93.] 

(417)     §  1474.     SEC.  7.     The  period  in  which  pupils  shall  Time  may 
l»e  entitled  to  remain  in  said  school  $hall  be  twelve  years,  or  SOL  ° 
ihe.  board  of  control  may,  in  cases  where  they  deem  it  advis- 
able, extend  such  time  to  fourteen  years.     This  section  shall  Dismissal  and 
iot  he  so  construed  as  to  prohibit  the  said  board  of  control trans 
>om  dismissing  any   pupil  within  the  such    period  for  per- 
sistent   disobedience,    immoral    conduct,    or  other    sufficient 
eause,  neither  shall  anything  in  this  act  operate  to  prohibit 
the  transfer  of  any  child  over   the  age  of  eighteen    years  to 
the  Michigan  employment  institution  for  the  blind  upon  con- 
sent granted  by  the  board  of  control  of  the  Michigan  school 
for  the  blind,  and  whenever,  in  the  discretion  of  said  board, 
the  transfer  of  any  such  child  will  be  for  its  best  interests  or 

e  best  interests  of  the  said  Michigan  school  for  the  blind. 

NOTE. — Act  188,  P.  A.  1017,  provides  for  the  temporary  care  and  mainten- 
ice  of  blind  children  under  the  ap-  nf  six  years  in  the  state  public  school 
inline  arrangement*  being  made  at  Michigan  school  for  the  blind  for  care 

said   children. 


192 


STATE  OP  MICHIGAN. 


Duty  of 
secretary  of 
state. 


Census 
enumerator. 


List  of 
names  of 
blind  chil- 
dren, by 
wlwm  made, 
verified,  etc. 


To  whom 
forwarded. 


Duty  of  supt. 
public  in- 
struction. 


When 

children  to  be 
sent  to  Mich- 
igan school 
for  blind, 


(418)  §  147G.  SEC.  9.  It  shall  'be  the  duty  of  the  secre- 
tary of  state  to  make  out  and  forward  to  the  superintendent 
of  the  Michigan  school  for  the  'blind,  on  or  before  the  first 
day  of  November  in  each  year,  on  blanks  prepared  for  that 
purpose,  a  copy  in  detail  of  so  much  of  the  statistical  infor- 
mation received  by  him  by  virtue  of  any  law  of  this  state 
as  relates  to  the  blind.  It  shall  be  the  duty  of  each  school 
census  enumerator  provided  for  in  the  general  school  laws 
of  the  state,  within  the  district,  ward,  or  portion  thereof,  al- 
lotted to  him,  to  procure  the  name,  age,  residence,  and  the 
name  and  residence  of  the  parents  or  guardians  or  persons  in 
control  or  in  charge  of  each  blind  child,  and  of  -each  child 
whose  vision  is  so  defective  as  to  make  it  impossible  to  prop- 
erly educate  such  child  in  the  public  schools,  between  the 
ages  of  seven  and  nineteen  years. 

(a)  The  said  enumerators  in  addition  to  their  duties  now 
prescribed  in  the  general  school  laws  shall  make  a  list  of  the 
names  of  all  blind  children,  or  children  whose  vision  is  so 
defective  as  to  make  it  impossible  to  properly  educate  them 
in  the  public  schools,  together  with  the  data  herein  author- 
ized to  be   secured,  which  list  shall  be   verified  by  oath    or 
affirmation    of  the   person  taking  such    census,    by  affidavit 
appended  thereto,  or  inserted  thereon,  setting  forth  that   it 
is  a  correct  list  of  the  names  of  all  the  children  herein  desig- 
nated, residing  within  the  particular  school  district,  ward, 
or  portion   thereof.     Said  affidavit   may  be  made  before   the 
township  clerk  or  any  other  officer  authorized  by  law  to  take 
acknowledgments.     Blanks  for  this  purpose  shall  be  furnish- 
ed by  the  department  of  public  instruction  to  the  secretary 
of  every  school  board  within  the  state.     The  said  list  shall, 
after  it  has  been  properly  verified,  and  within  the  time  pre- 
scribed by  the  general  school  laws  for  the  filing  of  census  lists, 
be  forwarded  by  the  secretaries  of  the  said  school  boards  to 
the  superintendent  of  public  instruction  and  a  copy  thereof 
shall  be  filed  with  the  proper  officer  of  the  township  or  city, 
as  the  case  may   be.     The  said  superintendent  of   public  in- 
struction shall,  immediately  upon  receipt  of  the  various  lists, 
prepare  and  tabulate  a  report  containing  the  name,  age  and 
residence  of  each  blind  child,  and  each  child  whose  vision  is 
so  defective   as  to  make  it  impossible   for  it  to  be   properly 
educated  in  the  schools  for  the  seeing  within  this  state,  to- 
gether with  the  names  and  residences  of  the  parents,  guardian, 
or  person  having  the  control  of  any  such  child,  which  report 
shall    be  forwarded  to  the  superintendent    of  the   Michigan 
school  for  the  blind. 

(b)  It  shall   be  the  duty  of  every   parent,  guardian,    or 
other  person,  having  control  or  charge  of  any  child  or  children 
in  the  state  of  Michigan,  between  the  ages  of  seven  and  nine- 
teen years  who  are  blind,  or  whose  vision  is  so  defective  as  to 
make   it  impossible  to  have  them   properly  educated  in    the 
schools  for  the  seeing,  to  send  such  child,  or  children,  to  the 
Michigan  school  for  the  blind,  to  be  received  at  that  school  in 


GENERAL   SCHOOL  LAWS.  193 


ccordance  with  the  provisions  of  the  statute,  ami  the  ruh •- 
ml  regulations  which  are  or  may  he  prescribed  by  the  board 
>f  control  of  said  school:  Provided,  That  the  parents,  guar-  exceptions 
lian  or  person  having  control  of  any  such  child  shall  not  be 
enquired  to  send  them  to  the  Michigan  school  for  the  blind 
*  hen  they  come  within  any  One  of  the  following  classes: 

(1)  Any  child  or  children  being  educated  in  any  private 
>r  parochial  school; 

(2)  Any  child  or  children  physically  or  mentally  incom- 
)etent  of  being  educated ; 

(3)  Any  child  or  children  over  the  age  of  seventeen  years 
vho  have  been  taught  and  are  employed  and  are  working  at 
i  trade; 

(4)  Any  child  or  children  of  the  age  of  eighteen  years  em- 
)loyed  at  the  Michigan  employment  institution  for  the  blind ; 

(c)  It  shall  be  the  duty  of  the  superintendent  of  the  Michi-  Duty  of  su- 
;an  school    for  the  'blind  to  furnish    to  the  county   commis-  School!611 
sioner  of  schools  of  every  county,  and  to  the  secretary    of 

he  school  board  in-  every  city  or  village,  a  list  of  the  names 
>t  such  children  within  such  county,  city  or  village,  as  come 
A  it hin  the  provisions  of  this  act.     Each  truant  officer  shall,  Truant 
when    notified  by  the   board  of  control,    or  by  the    superin-  ° 
tendent  of  the  Michigan  school  for  the  blind,  or  by  anyone 
appointed  or  designated  by  them,  or  by  the  county  commis- 
sioner of  schools,  that  there  are  within  such  village,  city  or 
county,  as  the  case  may   be,  children  who   come  within   the 
provisions  of  this  act,  investigate  all  such  cases  and  report 
the  conditions  found   to  exist   to  the  superintendent  of  the 
Michigan    school  for  the    blind,  and    the  commissioners    of 
schools  of  the  county.     The  superintendent  of  the  Michigan  when  super- 
school  for  the  blind  shall,  upon  receipt  of  such  report  from  Notify  truant 
any  truant  officer,  determine  whether  or  not  the  children  in  officer- 
quest  inn  are  included  within  the  provisions  of  this  act,  and 
if  in  his  judgment  such  children  are  included  within  the  pro- 
visions of  this  act,  and  are  not  included  within  the  exempted 
Classes  named   herein,  lie  shall   notify  the  proper  truant  offi- 
cer, who,  upon  receipt  of  such  notice,  shall  take  such  steps  when  to  en- 
against   the  parents,  guardian  or  other  person  having  charge  fo 
or  control  of  any  such  child  or  children,  to  enforce  the  provi- 
sions of  this  act,  as  are  now  pres-cribed  in  act  two  hundred 
of  the  public  acts  of  nineteen  hundred  five,  as  amended,  rela- 
tive  to  compulsory  education  under  the  general  school  law. 

(d)  In  case  when  such  parent,  guardian  or  other  person, 

on  account  of  indigent  circumstances,  are  unable  to  furnish  <ses. 
such  child  or  children  with  transportation  to  and  from  such 
school,  the  board  of  trustees  of  the  Michigan  school  for  the 
blind  shall  provide  such  transportation  each  year,  and  the 
said  board  of  trustees  may  include  therewith  transportation 
for  such  parent,  guardian  or  other  person  to  said  school  and 
return,  when  the  child  is  under  twelve  years  of  age,  and  for 
that  purpose  may  issue  a  certificate  directed  to  the  auditor 
general  that  said  amount  is  necessary  for  the  benefit  of  such 
25 


194 


STATE  OF  MICHIGAN. 


Penalty  for 
violation. 


individuals,  who  shall  draw  his  warrant  upon  the  state  treas- 
urer therefor,  and  any  such  sums  are  hereby  appropriated, 
and  shall  be  paid  out  of  any  moneys  in  the  general  fund,  not 
otherwise  appropriated,  and  the  auditor  general  shall  charge 
all  such  moneys,  so  drawn,  to  the  county  of  which  such  par- 
ent, guardian  or  other  person  is  a  resident,  or  to  which  he  or 
she  shall  belong,  to  be  collected  and  returned  to  the  general 
fund,  the  same  as  any  state  taxes  are  required  to  be  by  law. 
(e)  Anyone  refusing  to  comply  with  any  of  the  provisions 
of  this  act,  and  any  parent,  guardian  or  other  person  who 
shall  wilfully  refuse  to  send  any  children  coming  within  the 
provisions  of  this  act  and  not  herein  expressly  exempted,  to 
the  Michigan  school  for  the  blind,  or  who  shall  detain  any 
such  children  who  should  be  in  attendance  at  said  school, 
shall,  upon  conviction  by  any  court  of  competent  authority, 
be  deemed  guilty  of  a  misdemeanor  and  shall  be  subject  to 
such  penalties  as  are  prescribed  in  said  act  two  hundred  of 
the  public  acts  of  nineteen  hundred  five  as  amended  for  the 
violation  of  any  of  its  provisions.  All  provisions  of  said  act 
two  hundred  of  the  public  acts  of  nineteen  hundred  five  are 
made  applicable  hereto  except  in  so  far  as  they  may  be  in- 
consistent herewith. 


Act 
applicable. 


INSTRUCTION,  ETC.,  OF  ADULT  BLIND  PERSONS. 


Instruction, 
etc.,  of 
blind  adults. 


Co-operation. 


May  employ 
assistants. 


Compensa- 
tion. 


An  Act  authorizing  the  superintendent  of  public  instruction  to  afford 
suitable  instruction  and  vocational  training  to  adult  blind  persons 
in  their  respective  homes  and  communities,  with  a  view  to  meeting 
their  educational  needs  and  enabling  them  to  contribute  to  their 
own  support,  and  to  employ  assistants  therefor,  and  making  an 
appropriation  to  meet  the  same. 

[Act  219,  P.  A.  H9ili».] 

The  People  of  the  State  of  Michigan  enact: 

(419)  SECTION  1.     The  superintendent  of  public  instruc- 
tion is  hereby  authorized  to  provide  direction  and  supervision 
of  suitable  instruction  and  training  of  adult  blind  residents 
of  this  state  in  their  respective  homes  or  'Communities,  with 
a  view  to  meeting  their  educational  needs  and  enabling  them 
to  contribute  to  their  own  support. 

(420)  SEC.  2.     In  the  discharge  of  the  foregoing  powers, 
the  superintendent  of  public  instruction  is  authorized  to  co- 
operate with  the  boards  of  education  of  local  communities  and 
with  such  organizations   and  institutions  as  he  shall  deem 
necessary. 

(421)  SEC.  3.     The  superintendent  of  public  instruction 
is  hereby  authorized  to  employ  such  assistants,  not  in  excess 
of  two,  as  may  be  necessary  to  carry  out  the  intents  and  pur- 
poses of  this  act.     The  compensation  of  such  assistants  shall 
not  exceed  the  sum  of  one  hundred  twenty-five  dollars  per 


LAWS.  195 


iii<  nth  ami  actual  and  necessary  expenses  for  the  time  actual- 
ly 3ngaged  in  such  work;  and  the  same  shall  be  paid  from  the  HO\V  pai.i. 
ge  icral  fnml  on  warrant  from  the  auditor  general  in  the  same 
in.  nner  that   the  clerks  in  the  department 'of  the  superintend- 
en     of  public  instruction  are  paid. 

li'i'i      Si:r.    1.     There    is    hereby    appropriated  out  of   the  Appropria- 
gc  icral  fund  in  the  state  treasury,  for  carrying  out  the  pro- l 
vi  ions  of  tliis  act,  for  the  fiscal  year  ending  June  thirty,  nine- 
te<  n  hundred  twenty,  the  sum  of  six  thousand  dollars,  and  for 
tli  »  fiscal  year  ending  June  thirty,  nineteen  hundred  twenty- 
01  3,  the  further  sum  of  six  thousand  dollars.  And  the  auditor  Tax  clause. 
gc  icral  shall  add  to  and  incorporate  in  the  state  tax  for  the 
\(  ir  nineteen  hundred  nineteen  the  sum  of  six  thousand  dol- 
la  -s,  and   for  the  year  nineteen  hundred  twenty  the  sum    of 
si  :  thousand  dollars,  to  reimburse    said  fund  for  the    sums 
h(  ~eby  appropriated. 


AND  INSTUHTION  OF  BLIND  BABIES. 


[Act  258.  P..  A. 

77/r  7Vo/>/r  o/  /7/r  xt<ilc,  of  Michigan  enact: 


Ai    Act  to  provide  for  the  care,  maintenance  and  instruction  of  blind 

I  babies  and  children   under  school  age. 

IL':;)     §  1480.     SECTION  1.     The  state  board  of  education  Blind chii- 
all   have    power  to  provide  for  the    suitable  care,    mainte-  etc.%n?er- 
nance  and  instruction  of  babies  and  children  umler  school  age  taln- 
reading  in  this  stale,  who  may  be  born  Wind  or  become  blind 
in  any  case  where  by  reason  of  lack  of  means  or  other  cause 
the    parent    or    parents   of  such    children   may    be   unable    to 
properly   care   for,   maintain  and   educate  such   children. 

t-llMi      >5    11M.      Si;c.   1*.      For     the     purpose     of     providing  Maintenance, 
such  care,  maintenance  and  education   the  said  board  of  edu-  |J ^  on> 
cation  shall  have  power  to  contract  with  any  institution  hav- 
ing or  furnishing  facilities    for  such  care,  maintenance    and 
education  in  this  or  any  other  state  at  a  contract  price  to  be 
ap-ced   upon,  not   exceeding  tive  dollars  per  week  per  child: 
I'-ovided,  That   such  contract  shall  be  made  by  and  with  the  Proviso. 
w-itten    consent  of  the  parents  or    surviving  parent  of    any 
si  ch   child. 

i  !_:>)     §  1482.     SEC.  3.     Such  contract  shall  continue  in  Time  child 
force  and  the  care,  maintenance  and  education  provided  there-  * 
in  shall  continue  until  such  child  attains  the  age  of  six  years. 

>  ll'iii      £    1  1s::.      Si;.\    1.      There  shall  be  included  in  the  tax  Tax  clause. 
to    be   levied     for  stale   school    purposes,    a    rate  sufficient     to 
raise  the  sum   of   twenty-live   hundred   dollars,   in   addition   to 
all  other  sums  provided  by  law,  which  sum,  or  so  much  lliere- 
ol  as  may  be  necessary,  is  hereby  appropriated  for  the  purp- 
of  carrying  out  the  provisions  of  this  act. 


196 


STATE  OF  MICHIGAN. 


(427)  §  1484.  SEC.  5.  Nothing  in  this  act  contained 
shall  be  deemed  to  repeal  or  in  any  way  modify  any  existing 
law  with  reference  to  the  education  of  the  deaf,  dumb  and 
blind. 


What  chil- 
dren deemed 
truants  or 
disorderly 
persons. 


Who  to  make 
complaint. 


MISCELLANEOUS  OFFENSES. 

An  Act  to  prevent  crime  and  to  punish  truancy. 
[Act  222,  P.  A.  IIS'ST.] 

The  People  of  the  State  of  Michigan  enact: 

(428)  §  15576.    (SECTION  1.     That  every  boy  between  the 
age  of  ten  and  sixteen  years,  or  any  girl  between  the  age  of 
ten  and  seventeen  years,  who  shall  frequent  or  be  found  loung- 
ing about  saloons,  disreputable  places,  houses  of  ill  fame,  or 
who  shall  be  an  inmate  or  resident  or  a  member  of  a  family 
who  [reside]  resides  in  any  house  of  ill  fame,  or  conduct  any 
other  disreputable  place,  or  who  shall  frequent  other  rooms 
or  places  where  dissolute  and  disreputable  people  congregate, 
or  where  intoxicating  liquors  are  kept  for  sale,  or  who  shall, 
against  the  command  of  his  or  her  parents  or  guardian,  run 
aw-ay  or  wilfully  absent  himself  or  herself  from  the  school  he 
or  she  is  attending,  or  from  any  house,  office,  shop,  firm  or 
other  place  where  he  or  she  is  residing  or  legitimately  em- 
ployed with  labor,  or  who  shall  against  such  command  of  his  or 
her  parents  or  guardian  or  for  any  immoral,  disorderly  or  dis- 
honest purposes  be  found  lounging  upon  the  public  streets, 
highways  or  other  public  resorts  or  at  places  of  amusement 
of  dissolute  or  improper  'Character,  or  who  shall  against  any 
such  command  or  for  any  [such]  disorderly  or  dishonest  pur- 
poses attend  any  public  dance,  skating  rink,  or  show  shall  be 
deemed  guilty  as  a  truant  or  disorderly  child. 

A  charge  that  respondent  was  a  disorderly  juvenile  offender  and  was  a 
truant  and  is  an  unmanageable  child,  is  insufficient  to  sustain  a  conviction. — 
People  v.  Turja,  H37/530. 

(429)  §  15577.     SEC.  2.     Upon  the  complaint  upon  oath 
and  in  writing  made  before  any  justice  of  the  peace,  police 
justice  or  other  criminal  magistrate,  by  the  parent  or  guard- 
ian, or  other  person  knowing  of  the  facts  of  his  own  knowledge, 
that  any  girl  between  the  age  of  ten  and  seventeen  years,  or 
that  any  boy  between  the  age  of  ten  and  sixteen  years,  or  by 
the  supervisor  of  any  township,  or  mayor  of  any  city,  or  presi- 
dent of  any  village,  and  in  any  city  of  over  eight  thousand 
population  by  the  chief  of  police,  mayor,   or  other   person 
knowing  of  the  facts  of  his  own  knowledge,  that  such  minor 
has  been  guilty  of  any  of  the  acts  specified  in  section  one  of 
this  act,  such  justice  of  the  peace,  police  justice  or  other 
criminal  magistrate,  shall  issue  a  warrant  for  the  arrest  of 


GENERAL   SCHOOL  LAWS.  197 


su<  i  minor,  and  upon  conviction  such  minor,  if  a  boy,  may  be  Jermnof 

seri  :enced  by  such  justice  of  the  peace,  police  justice  or  crim- s 

imi  .  magistrate,  to  the  industrial  school  for  boys  at  Lansing, 

an<    if  a  girl,  to  ilic  industrial  home  for  girls  at  Adrian,  boys 

un  il  eighteen  years  of  age,  and  girls  until  twenty-one  years  of 

ag«  ,  unless  sooner  discharged   according  to  law:    Provided,  Proviso,  as 

Th  .t  no  person  or  persons  shall  be  sent  to  the  said  industrial  rfJSKScS 

sc!  >ol  for  boys  or  to  the  industrial  home  for  i^ii-ls  until  the 

sei  tence  therein  has  been  submitted  to  and  approved  by  one 

of    he  judges  of  the  recorder's  court  of  the  city  of  Detroit,  or 

ju<  ge  of  the  superior  court  of  the  city  of  Grand  Rapids,  or 

an     circuit  judge  or  probate  judge  of  the  county  in  which 

su  h  conviction  shall  be  had. 

(430)     §  15578.'    SEC.  3.     The  same  proceedings  shall  be  proce«i_iPK.s 
ha  I  upon  the  trial  of  any  person  charged  with  being  guilty  upor 
of  any  of  the  offenses  mentioned  in  section  one  of  this  act 
be  ore  the  justice  before  whom  such  person  is  brought  as  are 
ha  I  in  trials  for  misdemeanor,  as  far  as  the  same  are  appli- 
ca  >le,  and  the  state  agent  for  the  care  of  juvenile  offenders  Duty  of 
of  the  county  wherein  such  offenders  may  be  on  trial  shall st 
lia  :e  authority  and  take  the  same  action  in  the  premises  as  is 
pr  >vided     l»y   act    number  one    hundred  and   seventy-one    of 
tilt-  session  laws  of  eighteen  hundred  and  seventy-three  of  this 
te. 


An  Act  to  provide  for  the  punishment  of  persons  responsible  for  or 

I  contributing  to  the  delinquency  of  children. 

[Act  S14,  P.  A.   1007.] 
The  People  of  the  State  of  Michigan  enact: 
431)     §  2028.     SECTION  1.     In  all  cases  where  any  child  Parents^ 
sh  til  be  a  delinquent  child,  or  a  juvenile  delinquent  person,  as  " 
defined  by  the  statutes  of  this  state,  the  parent  or  parents,^0 
lejjal  .nuardian  or  person  having  the  custody  of  such  child,  or 
ai  y  other  person,  responsible  for  or  by  any  act  encouraging, 
causing  or  contributing  to  the  delinquency  of  such  child  shall 
hi    guilty  of  a   misdemeanor,   and   upon   trial   and   conviction 
thereof,  shall  be  punished  by  a  fine  not  exceeding  the  sum  of 
01  e  hundred  dollars  or  imprisonment   in  the  county  jail  for  a 
period  not  exceeding  ninety  days,  or  both  such  tine  and   im- 
prisonment :    Provided,   That  the  court  may,  in  its  discretion,  Proviso,  as  to 
si  spend    sentence   upon    any   person    found    guilty    under   this  ^ 
act  upon   conditions   which  may  be   imposed   by    the  court   at 
tl  e  time  of  the  suspension   of  such  sentence. 


198 


STATE  OF  MICHIGAN. 


PROTECTION  OF  CHILDREN. 


(Prom  this   act   (260,   P.   A.   I'SSl),   only  such   portion 
directly   to   students   in   schools.) 


quoted  as  relates 


permitted  in 
saloon,  etc. 


(432)     §  7223.     SEC.  2.     No  minor  child  under  seventeen 

\  /  t  -i  ,       •  -t    -i  • 

years  of  age,  nor  any  minor  who  is  a  student  in  any  public, 
private  or  parochial  school  in  the  state  of  Michigan,  shall  be 
permitted  to  remain  in  any  saloon,  bar  room  or  other  place 
where  any  spirituous  or  intoxicating  liquor,  or  any  wine  or 
beer,  or  any  beverage,  liquor  or  liquors  containing  any  spiritu- 
ous or  intoxicating  liquor,  beer  or  malt  liquor  is  sold,  given 
away  or  furnished  for  a1  beverage;  or  in  any  place  of  amuse- 
ment known  as  dance  houses,  concert  saloons,  variety  theaters  ; 
or  in  any  house  of  prostitution  ;  or  in  any  room  or  hall  oc- 
cupied or  used  for  hire,  gain  or  reward,  for  the  purpose  of 
playing  billiards,  pool,  cards,  dice  or  any  other  unlawful 
game;  or  in  any  room  or  hall  used  or  occupied  for  gaming, 
pool-selling  or  betting  in  any  manner  whatever;  or  in  any 
room  or  hall  in  which  any  cigars  or  tobacco  are  sold  or  kept 
Misdemeanor,  for  sale,  where  any  such  games  are  played.  Any  proprietor, 
keeper  or  manager  of  any  such  place  who  shall  permit  such 
minor  child  or  minor  student  to  remain  in  any  such  place, 
and  any  person  who  shall  encourage  or  induce  in  any  way 
such  minor  child  or  minor  student  to  enter  such  place  or  to 
remain  therein  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof  shall  be  punished  by  a  fine  of  not  less 
than  twenty-five  dollars  nor  more  than  fifty  dollars,  or  by 
imprisonment  in  the  county  jail  not  less  than  ten  days  nor 
more  than  thirty  days,  or  both  such  fine  and  imprisonment  in 
the  discretion  of  the  court. 


Penalty. 


Child  under 
21  not  to 
work  where 
liquor  sold. 

Child  under 
15,  where  not 
to  work. 


Proviso, 
child  under 
14,  on  Satur- 
day, etc. 


EMPLOYMENT  OF  CHILDREN. 

[Extract    from    Act    385,    P.    A.    li!)09.] 

(433)  §  5331.  SEC.  10.  No  child  under  the  age  of  t \veniy- 
one  years  shall  be  employed,  permitted  or  suffered  to  work 
in  any  theater,  concert  hall,  or  place  of  amusement  where 
intoxicating  liquors  are  sold.  No  child  under  fifteen  years 
of  age  shall  be  employed,  permitted  or  snllVred  to  work  in  or  in 
connection  with  any  mercantile  institution,  store,  office,  hold, 
laundry,  manufacturing  establishment,  mine,  bowling  alley, 
billiard  or  pool  room  conducted  for  profit,  theater,  passenger 
or  freight  elevator,  factory  or  workshop,  telegraph  or  mes- 
senger service  within  this  state :  Provided,  This  section  shall 
not  apply  to  any  child  of  the  age  of  fourteen  years  or  over, 
working  on  Saturdays  or  other  days  during  the  school  year, 
outside  of  school  hours  or  during  the  established  vacation 


GENERAL  SCHOOL  LAWS.  199 

1  eriods  in  preserving  perishable  goods  in  fruit  or  vegetable 
•  aiming    establishments    or    in   any   mercantile   institutions, 
-tore,   office,   hotel,    laundry,    manufacturing    establishment, 
iactory  or  workshop,  telegraph  or  messenger  service  within 
his  state.     It  shall  be  the  duty  of  every  mercantile  institu-  Register  to  be 
i  ion,  store,  hotel,  office,  laundry,  manufacturing  establishment,  contain.^ 
i  line,  bowling  alley,  workshop,  telegraph  or  messenger  ser- 
ice  or  any  person  coming  within  the  provisions  of  this  act 
o  keep  a  register  in  which  will  be  recorded  the  name,  birth- 
ilace,  age  and  place  of  residence  of  every  person  employed 
mder  the  age  of  sixteen  years,  ami  it  shall  he  unlawful  for  any  child  under 
uch  establishment  or  person  to  hire  or  employ,  or  permit  to  h?red°wUhout 
•e  hired  or  employed  or  suffered  to  wrork,  any  child  under  the  pe™u. 
ige  of  sixteen  years  without  there  is  first  provided  and  placed 
m  file  in  the  business  office  thereof  a  permit  issued  by  the  who  to  issue, 
uperintendent  of  schools  of  the  school  district  in  which  such 
•hild  resides,  or  the  county  commissioner  of  schools,  or  some 
e  <luly  authorized  by  him  in  writing,  any  of  whom  shall 
ve  power  to  administer  oaths  in  relation  thereto.     Such  Return  of 
IM  it  shall  be  returned  innned  lately  to  the  issuing  officer  by  per 
;he  employer  when  such  child  leaves  such   employment.     A 
•hild  shall  be  considered  as  having  withdrawn  from  his  em- 
ployment when  he  or  she  shall  have  absented  himself  or  her- 
<elf  from  work  for  five  full  working  days  without  explanation. 
Every  limited  vacation  permit,  hereinafter  to  be  described,  Limited  vaca- 
shall,  upon  its  expiration,  be  void  and  of  no  effect.    The  said  J^ecuon'of 
register  and  permit  shall  be  produced  for  inspection  on  de- permit  and 
ma nd  of  any  factory  inspector  appointed  under  this  act.     No 
fee  shall  be  charged  for  such  permit  or  other  record  required  permit. 
by  this  act  by  any  officer  by  whom  it  shall  be  issued.    Every 
employer  comply  ing  with  the  provisions  of  this  section  shall 
In-  at   liberty  to  employ  the  person  so  presenting  the  permit 
hereinbefore   referred    to,   and    is  justified    iii   considering  and 
treating  such  person  as  of  the  age  shown  in  such  permit  ami 
shall  not  be  liable,  if  it  transpire  that  such  person  is  under  the 
age  represented  in  such  permit,  to  any  greater  extent  than  such 
employer  would  be  liable  if  such  person  were  of  the  age  repre- 
sented.    The  person  authorized  and  required  to  issue  such  per-  Prerequisites 
mit  shall  not    issue  the  same  until   he  has  received,  examined,  permU*"0 
approved  and  tiled  the  following  papers  duly  executed: 

la)     The  school    report    of    said    child    properly    tilled    out  school  report, 
and  signed  as  hereinafter  provided:    Provided,  however,    That  Provlai,  Sat- 
wheu   such   permit    is   issued   during   the  summer   vacation    or 
for   working   on    Saturdays   or   other   days    during   the   school 
year,  outside  of  school  hours  no  such  record  shall  be  required, 
but   all   such   permits,  called   in   this  act   limited   vacation  per-  Limited  vaca- 
mits,  shall   expire  upon   the  first    Monday  in   September,  com- 
monly   called    Labor   day.   shall    contain    a    conspicuous   state-  <1:1>"-J 
meiit  of  the  time  at  which  they  shall  expire  and  shall  be  of  a 
ecial  color  distinct   from  regular  permits; 


200 


STATE  OF  MICHIGAN. 


Attestation 
as  to  birth. 


Idem, 

physician's 

statement. 


Weight  and 
height. 

Affidavit 
from  parents. 


Ability  to  read 
and  write. 


Normal 
development. 


Proviso. 


Doubtful 


Permit,  how 
signed,  what 
to  state. 


School  record, 
how  signed 
and  furnished 


What  to  con- 
tain. 


(b)  A  passport,  or  duly  attested  transcript  of  the  record 
of  birth,  as  kept  by  any  duly  authorized  public  authority,  or  a 
record  of  baptism  or  other  religious  record,  showing  the  date 
and  place  of  birth  of  such  child ; 

(c)  A   statement   from    a    physician    connected    officially 
with  the  board  or  department  of  health,  which  shall  be  re- 
quired, however,-   only    in   case  the  above  mentioned  official 
or  religious  record  cannot  be  produced,  which  statement  shall 
certify   that,   in   the  opinion   of   the  physician   issuing   said 
statement,  the  child  is  fifteen  years  of  age  or  upwards,  is  in 
sound  health  and  physically  able  to  perform  the  work  which 
it  intends  to  do.     Such  statement  shall  also  certify  to  the 
correct  weight  and  height  of  said  child,  and  shall  be  kept  on 
file  by  the  person  issuing  working  permits ;  such  person  may, 
in  his  discretion,  require  also  an  affidavit  from  the  parents 
or  other  evidence  as  additional  proof  of  age; 

(d)  A  statement  by  the  issuing  officer  that  he  has  exam- 
ined said  child,  that  in  his  opinion  the  child  can  read  intelli- 
gently  and  write   legibly  -simple   sentences   in   the   English 
language,  that  in  his  opinion  the  child  is  fifteen  years  of  age 
or  upwards,  fourteen  years  in  the  case  of  a  vacation  permit 
or  a  permit  to  work  on  Saturdays  or  other  days  during  the 
school  year,  outside  of  school  hours  and  has  reached  the  nor- 
mal development  of  a  child  of  its  age  and  is  in  sound  health 
and  physically  able  to  perform  the  work  which  it  intends  to  do, 
and  that,  in  his  opinion  the  services  of  the  child  are  essen- 
tial to  the  support  of  itself  or  its  parents:    Provided,   That 
permits  for  vacation  periods  and  Saturdays  or  other  days  dur- 
ing the  school  year,  outside  of  school  hours  shall  not  certify 
that  the  wages  of  the  child  are  essential  to  the  support  of  the 
family.     In  doubtful  cases,  physical  fitness  for  such  work 
shall  be  determined  by  a1  medical  officer  of  the  board  or  de- 
partment of  "health.    Every  such  permit  shall  be  signed  in  the 
presence  of  the  officer  issuing  the  same  by  the  child  in  whose 
name  it  is  issued;  and  shall  state  the  date  and  place  of  birth 
of  the  child,  and  describe  the  color  of  the  hair  and  eyes,  the 
height  and  weight  and  any  distinguishing  facial  marks  of  such 
child,  and  that  the  paper  required  by  the  preceding  sections 
has  been  duly  examined,  approved  and  filed,  and  that  the 
child  named  in  such  permit  has  appeared  before  the  officer 
signing  the  same  and  been  examined.    The  school  record  re- 
quired by  this  article  shall  be  signed  by  the  principal  or 
chief  executive  officer  of  the  school  which  such  child  has  at- 
tended and  shall  be  furnished  on  demand  to  a  child -entitled 
thereto.     It  shall   contain   a  statement   certifying   that  the 
child  has   regularly  attended  the  public  school,   or  schools 
equivalent  thereto,  or  parochial  schools  for  not  less  than  one 
hundred  days  during  the  school  year  previous  to  his  arriving 
at  the  age  of  fifteen  years  or  during  the  year  previous  to 
applying  for  such  school  record,  and  is  able  to  read  intelli- 
gently  and   write   legibly   simple   sentences   in    the   English 


I 


GENERAL   SCHOOL  LAWS.  201 


niguago,  and  in   the  case  of  the  public  schools,  has  passed 
atisfactorily  the  work  of  the  school  up  to  and  including  the 
rork  of  the  sixth  grade,  as  provided  in  the  course  of  study 
f  the  public  schools,  or  in  the  case  of  schools  other  than 
•ublic,  the  equivalent  thereto.     Such  school  record  shall  also  idem,  age 
ive  the  a-e  and  residence  of  the  child  as  shown  on  the  records  ar 
>f  the  school   and   the  name  of  its  parents  or  guardians  or 
ustodian:     Provided,    That  in  the  case  of  limited  vacation  Proviso. 
>ermits  or  permits  to  work  on  Saturdays  or  other  days  dur- 
DH  the  school  year,  outside  of  school  hours  the  school  record 
ind  all  other  requirements  relating  to  educational  qualifica- 
ions  shall  be  waived,  but  all  other  requirements  shall  be 
complied  with  as  prescribed  in  this  section.     Every  month  cwid  to 
ifter  the  issuance  of  a  permit  the  child  shall  report  to  the  monthly. 
person    who   issued    same,   either   in    person   or   in    writing, 
Through  its  parent,  or  guardian,  stating  that  the  child  is 
•m  ployed,  giving  the  name  of  employer  and  the  location  of 
i  he  place  of  employment,  and  if  not  employed  said  child  shall 
be  compelled  to  attend  school:  Provided,  That  nothing  in  this  Proviso. 
act  shall  be  used  to  invalidate  the  right  of  any  minor  over 
the  age  of  fourteen  years  to  use  a  working  permit  issued  be- 

fre  the  passage  of  this  act  ; 
(e)     Any  person  who  shall  make  a  false  statement,  trans-  False  state- 
scripr,  passport,  school  certificate,  certificate  of  physical  fit-  n 
ness,  school  record  or  any  other  writing  required  to  be  made 
or  tiled  by  the  provisions  of  this  section  shall  be  deemed  guilty 
of  a  misdemeanor,  and  shall  be  punished  by  a  fine  of  not  less  penalty. 
than  ten  nor  more  than  one  hundred  dollars  or  imprisonment 
for  not  less  than  ten  days  nor  more  than  ninety  days,  or  by 
both  such  fine  and  imprisonment  in  the  discretion  of  the  court; 

(f)     Whenever  continuation  classes  shall  be  established  for  continuation 
minors  under  sixteen  years  of  age  working  as  now  permitted  classes- 
by  law,  or  out  of  school  by  permission  to  help  at  home,  every 
such   child   residing  in  any  city  in  which  such   classes  are 
established  shall  attend  such  classes  not  less  than  four  hours 
per  week  and  every  employer  shall  allow  all  minor  employes 
under  eighteen  years  of  age  who  have  not  completed  the  eighth 
.urade,  a  reduction  in  hours  of  work  of  not  less  than  the  num- 
ber of  hours  the  minor  is  by  this  section  to  attend  schools. 

Am.  I'.HT 


Take    v.    Industrial    Works,    174/C2S  ;   Powell   v.   E.    H.    Stafford   Mnfg.    Co., 

NTDGUOHNOB:  i  i  -  ,  nMloyment  of  a  child  under  the  age  of  13  years  to 
work  upon  a  mangle  in  a  laundry  is  plainly  a  violation  of  this  statute.— 
Schuetz  v.  Van  Orman,  1S4-/479  ;  Paskvan  v.  Allouez  Mining  Co.,  185/332. 


202 


STATE  OF  MICHIGAN. 


Unlawful  to 
organize,  etc. 


Teacher, 
duty  of. 


Board  of 
education, 
investiga- 
tion. 


Penalty  for 
neglect. 


FRATERNITIES,   SORORITIES,  ETC.,  ABOLISHED. 

An  Act  to  abolish  fraternities,  sororities  and  all  other  secret  societies 
among  the  pupils  of  the  public  schools  of  the  state  of  Michigan. 

[Act  2711,   P.   A.   l-aill.] 

The  People  of  the  State  of  Michigan  enact: 

(434)  §  5827.     SECTION  1.     It  shall  be  unlawful  for  any 
pupil  of  tfhe   public  schools  of  the  state  of  Michigan  in    any 
manner  to  organize,  join  or  belong  to  any  fraternity,  sorority 
or  any  other  secret  society  composed  or  made  up  of  pupils 
of  the  public  schools. 

(435)  §  5828.    SEC.  2.    It  shall  be  the  duty  of  every  teach- 
er, principal,  or  superintendent,  having  knowledge  or  reason 
to  believe  that  such  fraternity,  sorority,  or  any  other  secret 
society  is  being  organized  or  maintained  in  any  of  the  schools 
of  the  state,  or  that  any  of  the  pupils  attending  said  schools 
are  organizing  or  belonging  to  such  fraternity,  sorority  or 
any  other  secret   society,   to   advise   immediately   the  presi- 
dent or  secretary  of  the  board  of  education  in  charge  of  such 
schools,  of  such  facts.     Upon  receipt  of  such  notice,  or  of 
any  other  information   that  this  act  is  being  violated,   the 
board   of   education   shall   proceed   to   investigate  the  facts 
concerning  the  same,  and  if  after  giving  all  pupils  suspected 
of  such  violation  a  reasonable  opportunity  for  a  hearing,  it 
shall  satisfactorily  appear  to  the  board  of  education  that  any 
pupil  has  become  connected  with  such  an  organization,  or 
has  promised  to  join  such  organization,  the  board  shall  take 
such  steps  as  it  shall  deem  necessary  to  abolish  such  organiza- 
tion, and  it  may  inflict  such  punishment  on  the  pupils  so  con- 
nected therewith  as  the  board  shall  deem  expedient. 

(436)  §    5829.      SEC.   3.     Any   officer,   teacher,   principal, 
superintendent  or  other  person  mentioned  in  this  act  neglect- 
ing to  perform  any  duty  imposed  upon  him  by  this  act,  upon 
conviction  thereof  shall  be  fined  not  less  than  ten  dollars 
nor  more  than  twenty-five  -dollars  for  each  oft'ense. 


TEACHERS'  ASSOCIATIONS. 

An  Act  to   incorporate  teachers'   associations. 

[Act  Ul'7.   S.   L.   1>S5)5.] 

The  People  of  the  State  of  Michigan  enact: 

Fifteen  or  (437)     §  10174.    SECTION  1.    Any  fifteen  or  more  teachers, 

Sayeformhei  3  or  other  persons  residing  in  this  state,  who  shall  associate 

corporation.      for   ^e  purpose   of   promoting   education    and  science,    and 

improvements  in  the  theory  and  practice  of  teaching,  may 


GENERAL   SCHOOL   LAWS.  203 

f<-?m  themselves  into  ;i  corporation,  under  such  name  as  they 

n  ly    choose,    providing    they    sluill    have    published    in    sonic  \<>ti<.<  to  be 

ii'  wspaper  printed  at   Lansing,  or  in  the  county  in  \vhich  sucli  pul 

a- sociat  ion  is  to  he  located,  for  at   least   one  month  previous. 

a    notice  of    the   time,   place   and    purpose   of   the  meeting   for 

Si  ch  association,  and   shall   tile   in   the  nllice  of  the  secreiary 

o    state  a  copy  of  the  constitution  and  by-laws  of  said  asso- 

c  it  ion. 

(438)      §   10175.     SEC.  2.     Such   association   may  hold  and  May  hold 
p  »ssess    real    and    personal    property    to    the   amount   of   five1'1 
t    ousand  dollars,  Imt  the  funds  or  property  thereof  shall  not  Restrictions 
b  '  used    for  any   other  purpose   than    the   legitimate  business"1 

0  the  association  in  securing  the  objects  of  its  corporation. 

i  l.'tO)      §  101  7(i.     Si:<\  :{.     rpon  becoming-  a  corporation,  as  privileges  and 
h  "reinbefore    provided,    they    shall    have    all    the    powers    and 

1  -ivileges.  and   be  subject    to  all    the  duties  of  a  corporation, 
a  -cording  In  the  provisions  of  chapter  fifty  live  of  the  revised 
s  alutes  of   this  slate,  so  far  as  such   provisions  shall  be  ap- 
1    icable  in  such  case,  and  not   inconsistent  with  the  provisions 
o  !  this  act. 

Chap.   r>r,   ivlVrml    (.,   is   $    S    1  l.TJs  IL'.   ('.    L.    I'.lir,. 


/  n  Act  to  provide  for  a  retirement  fund  for  teachers  in  certain  cases. 

[Art    17!.    P.    A.    P.JIO.J 

Tin    r<<>i>l<   <>f  (fir  xtiitr  of  M irJi h/an  enact: 

(4-10)      £   r>7l>7.     SKCTION    1.     There  shall   be  a    teachers'   re-  Retirement 
<  remeiit    fund  board,   hereinafter  called   the  retirement  fund 
board,  consisting  of  the  superintendent  of  public  instruction 
and  live  other  members  appointed  by  the  governor.     At  least 
one  of  such  members  shall  be  a  woman  teacher  in  the  public 
schools.     The   first    appointments   shall    be   made   within   ten 
("ays  after  this  act   takes  cil'ect.     The  members  of  such  board  Jerms of 
frst  appointed  shall  hold  ollice  respectively  for  terms  of  one,  ° 
two,  three,   four   and    live  years   from   August  one,   nineteen 
1  undred  fifteen,  to  be  designated  in  the  appointments.     Their 
Hlccessors    shall     be    appointed    for    terms    Of    five    years.       A  Vacancies. 
\acaiicy   in    the  ollice  of  any   member  shall  be  filled  for  the 
nnexpired   icrin  by   the  governor. 

(441)      i    5768.      Si:.-.    1*.      There    shall    be   a   president,    aomcereof 
vice-president  and  a  secretary  of  said  board  to  be  elected  by  a  b( 
majority   vote  of   the  members  of   the  board.     The  president  T 
I   and  vice-president  shall  he  elected  for  terms  of  one  year.      The 
term  of  otlice  of  the  secretary  shall  be  lixed  by  the  board,  but 
shall   not    exceed   three  years.     The  secretary  shall  not  be  a  s 
member  of   the  board.      His   salary   or   compensation   shall   be  "" 
lixed    by    the    board,    but    shall    not    exceed    eighteen    hundred 
dollars  a  year.    The  members  of  the  board  shall  serve  without  K 


204 


STATE  OF  MICHIGAN. 


Absence  from 
meetings. 


Treasurer  of 
fund. 

Care  of 
moneys. 


Investment. 


Powers  of 
board. 


compensation,  but  they  shall  be  entitled   to   their  expenses 
actually  incurred  in  attending  the  meetings  of  the  board  and 
Annual  in  performing  services  as  members  thereof.     The  board  shall 

meet  annually  at  Lansing,  on  the  first  Friday  in  October, 
and  shall  hold  such  other  meetings  as  they  deem  necessary. 
If  a  member  of  the  board  be  absent  from  two  consecutive 
meetings  without  reasonable  excuse  for  such  absence,  accepted 
by  the  board,  his  office- shall  be  declared  vacant  by  the  board, 
and  such  vacancy  filled  as  hereinbefore  provided. 

(442)  §  5769.     SEC.  3.     The  state  treasurer  shall  be  ex- 
officio  treasurer  of  the  retirement  fund  and  shall  be  the  cus- 
todian thereof.     The  moneys  belonging  thereto  shall  be  de- 
posited by  him  in  banks  or  trust  companies,  subject  to  the 
same  provisions  of  law  as  regulate  the  deposit  of  state  funds. 
The  retirement  fund  board  shall  determine  from  time  to  time 
the  investment  of  the  permanent  retirement  fund,  but  each 
investment  shall  be  subject  to  the  approval  of  the  state  treas- 
urer and  such  fund  shall  only  be  invested  in  those  securities 
in  which  savings  bank  deposits  may  be  lawfully  invested. 

(443)  §  5770.     SEC.  4.     The   retirement  fund  board,    sub- 
ject to  the  provisions  of  this  act,  shall  have  power : 

(1)  To  select  such  employes  as  may  be  necessary  to  carry 
into  effect  the  provisions  of  thjs  act,  and  fix  their  compensa- 
tion and  prescribe  their  duties; 

(2)  To  investigate  all  matters  relating  to  the  operation 
of  this  act,  and  for  that  purpose  to  subpoena1  witnesses  and 
compel  their  attendance  to  testify  before  it.     Any  member 
of  the  board  may  administer  oaths  or  affirmations  to  such 
witnesses ; 

(3)  To   require   all  boards,   officers   and   persons   having 
duties  to  perform  hereunder  in  respect  to  contributions  by 
teachers  to  the  retirement  fund,  to  report  from  time  to  time 
on  such  matters   relating  to   such   contribution   as  it  shall 
deem  advisable,  and  to  prescribe  the  form  of  such  reports; 

(4)  To  draw  its  warrants  upon  the  state  treasurer  for  the 
payment  of  annuities  to  teachers  who  have  been  retired  as 
provided  in  this  act,  and  for  the  purchase  of  such  securities 
as  the  board  shall  have  decided  to  purchase  as  herein  pro- 
vided.    No  payment  shall  be  made  from  the  teachers'  retire- 
ment fund,  except  upon  warrant  drawn  pursuant  to  resolu- 
tion duly  adopted  by  the  board  and  signed  and  attested  as 
the  board  may  prescribe; 

(5)  To  increase  the  contributions  from  the  teachers  ac- 
cording to  the  provision  made  in    section   six  of  this  tict: 
Provided,    That  such  increase  shall  not  be  made  until  the 
contributions  from  all  sources,  not  including  the  principal 
of  the  permanent  fund,  are  insufficient  to  carry  out  the  pro- 
visions of  this  act:  Provided,    That  after  collecting  the  ad- 
ditional contributions  as  above  provided,  should  there  still  be 
insufficient  funds  in  any  year  to  pay    all   annuities  in  full, 
then,  and  in  such  case,  each  teacher  entitled  to  an  annuity, 


Proviso, 
increase  of 
contributions. 


Proviso,  pro 
rata  pay- 
ments. 


GENERAL  SCHOOL  LAWS.  205 

s  iall  be  paid  pro  rata  in  same  proportion  as  the  amount  of 
n  oney  on  hand  is  to  the  amount  due. 

(444)    §  5771.     Si:c.  .">.     The    retirement    fund  board    si i all  Rules. 
ii  ake  rules  not    inconsistent    with   the.  provisions  of  this  ad, 
v  Inch,  when  approved  by  the  superintendent  of  public  instruc- 
!  on,  shall   have  the  force  and  effect  of  law. 

•Such  rules  shall: 

1(1)     Provide  for  the  conduct  and   regulation  of  the  meet- what  t<> 
>!'  the  board  and  the  transaction  of  its  busin, 
i  'l  i      Prescribe  the  manner  of  payment  of  contributions   by 
>achers  to  the  retirement  fund,  and  the  payment  and  methods 
c  f  payment  of  annuities  therefrom; 

i:ii  Kstablish  a  system  of  accounts,  showing  the  condition 
(  f  said  fund,  the  receipts,  expenditures  and  investments; 

l  1  i  Prescribe  the  forms  of  all  accounts,  warrants,  reports 
:  nd  other  documents  to  be  used  by  all  persons  and  officers 
I  ax-ing  duties  to  perform  under  this  act; 

!.")»  Kegulate  the  performance  of  duties  of  board's  of  edu- 
( ation,  trustees,  and  other  officers  and  persons,  imposed  upon 
Idem  by  this  act  in  respect  to  the  contributions  by  teachers 
1  )  the  retirement  fund,  and  the  deduction  of  such  contribu- 
1ions  from  teachers'  salaries. 

ill.")i     §  r>77i).     SEC.  G.     (1)     All   teachers,   except   those,  contributions 
x  -ho,  being  under  contract  when  this  act  takes  effect,  do  not  fSnd.tirc 
(  tect  to  come  under  its  provisions,  shall  contribute  to  the  re- 
tireinent  fund  according  to  the  following  provisions: 

•  (a)  A  teacher  who  shall  have  taught  five  years  or  less,  in 
his  state  or  elsewhere  in  public  schools,  shall  contribute  one- 
1  alf  per  centum  of  his  or  her  annual  contractual  salary,  but 
i  ot  more  than  five  dollars  during  any  year:  Provided,  That 
the  retirement  fund  board  may  increase  the  contributions  to 
(iie  per  centum  of  his  or  her  annual  contractual  salary,  but 
to  not  more  than  ten  dollars  in  any  year. 

•    (b)     A   teacher  who  shall  have  so   taught  more  than   five 
•ears,   but.  less  than   fifteen  years,   shall  contribute  one  per 
(entum  of  his  or  her  annual  contractual  salary,  but  not  more 
than  ten  dollars  during  any  year:     Provided,  That  the  retire-  Proviso, 
ment  fund   board   may  increase  the  contribution  to  two  per  id 
centum  of  his  or  her  annual  contractual  salary,  but  to  not 
more  than   txventy  dollars  during  any  year. 

(c)     A  teacher  who  shall  have  so  taught  fifteen  years    or 
re,  shall  contribute   txvo  per  centum  of  his  or  her  annual 
contractual  salary,  but   not  more  than  txventy  dollars  during 
any  year:     Provided,   That   the  retirement    fund    board   may  Proviso, 
'lid-ease   the  contribution    to   three  per  centum  of   his  or  her  d 
annual   contractual  salary,  but  to  not  more  than   thirty  dol- 
Jars  during  any  year. 

(-}      After   this  act    take>  effect,  every   teacher  con  tract  ing  who  deemed 
o   teach    in    the  public  schools,   including  all  who  under  any  agreed**) 
u-evious   contract   of  employment    have   not  elected  to  come contribute- 
der  this  act,  shall,  by  so  contracting,  be  conclusively  deemed 


j  iii" 

j 


,„ 


206 


STATE  OF  MICHIGAN. 


Contribution 
by  teachers 
employed. 


Deductions 
from  salaries. 


to  agree  to  pay  and  to  authorize  the  deduction  from  salary 
of  the  assessments  herein  provided. 

(3)  Any  person  who  when  this  act  takes  effect  is  employed 
as  a  teacher  in  the  public  schools,  may  within  the  unexpired 
term  of  such  employment  elect  to  come  under  the  provisions 
of  this  act  !by  notifying  in  writing  the  retirement  fund  board, 
and  at  the  same  time  filing  with  the  local  school  board  or 
other  body  vested  with  'Control  of  such  schools,  a  duplicate 
of  .such  notice  and  an  authorization  to  deduct  from  each  sub- 
sequent installment  of  salary  the  proper  assessment,  as  here- 
in prescribed. 

(410)  §  5773.  SEC.  7.  Boards  of  edurat  ion,  trustees, 
and  other  school  authorities,  having  duties  io  perform  in  re- 
spect to  the  payment  of  salaries  to  school  teachers  who  are 
under  this  act,  shall  cause  to  be  deducted  from  each  install- 
ment of  salary  of  such  teachers  the  pro  rata  amount  due  from 
such  teachers  to  the  teachers'  retirement  fund,  and  forward, 
the  same  to  the  treasurer  thereof,  as  prescribed  by  the  retire- 
ment fund  'board.  Every  officer  and  person  failing  to  perform 
any  duty  prescribed  by  this  act,  shall  be  liable  to  a  penalty 
of  fifty  dollars  for  each  offense,  to  be  recovered  in  an  action 
of  debt  in  the  name  of  the  people  of  the  state  of  Michigan. 
And  in  case  of  any  such  liability,  the  attorney  general,  upon 
requisition  of  the  retirement  fund  board,  shall  prosecute  and 
recover  the  penalty  herein  provided,  and  when  recovered  pay 
the  same  to  the  treasurer  of  the  school  district  who  shall  place 
the  same  to  the  'Credit  of  the  library  fund  of  the  said  district. 

(447)  §  5774.  SEC.  8.  A  teacher  who  has  taught  for  a 
period  or  periods  aggregating  thirty  years,  of  which  period 
at  least  fifteen  years,  including  the  last  five  years  of  service 
preceding  the  application  for  retirement,  shall  have  'been  spent 
in  the  public  schools  in  this  state,  shall,  upon  and  during 
retirement  from  actual  service  as  a  teacher  on  or  after 
December  one,  nineteen  hundred  fifteen,  be  entitled  to  an 
annuity  of  a  sum  equal  to  one-half  of  the  average  annual  con- 
tractual salary  paid  to  said  teacher  during  1he  last  five  years 
of  service,  but  no  such  annuity  shall  exceed  five  hundred  dol- 
lars nor  be  less  than  three  hundred  dollars.  A  teacher  who 
has  taught  for  a  period  or  periods  aggregating  twenty-five 
years,  of  which  period  at  least  fifteen  years,  including  the  last 
five  years  of  service  preceding  the  application- for  re  lire 
inent,  shall  have  been  spent  in  the  public  schools  of  this  state, 
shall,  upon  and  during  retirement  from  actual  service  as  a 
teacher,  on  or  after  December  one,  nineteen  hundred  fifteen, 
be  entitled  to  an  annuity  which  bears  Hie  same  ratio  to  the 
annuity  provided  for  on  retirement  after  thirty  years  of  ser- 
vice as  the  total  number  of  years  of  service  of  said  person 
bears  to  thirty  years.  A  teacher  who,  having  taught  in  the 
public  schools  of  this  state  for  a  period  or  periods  aggregating 
fifteen  years  or  more  and  being  in  the  judgment  of  the  cm- 
ploying  board  either  physically  or  mentally  incapable  of 


Failure  to 
comply. 


Penalty. 


Recovery  and 
disposition. 


Annuities 

upon 

retirement. 

Thirty  years' 
service. 


Twenty-five 

years'  service. 


Fifteen  years' 
service. 


GENERAL   SCHOOL   LAWS.  207 

caching,  is  deemed  deserving  of  an  annuity  by  the  retirement 
'und  board,  may  be  retired,  and  shall,  upon  retirement,  be 
entitled  to  an  annuity  of  as  many  thirtieths  of  the  full  an- 
luity  herein  provided  after  thirty  years'  service  as  said  teach- 
>r  has  taught  years  in  the  public  schools  of  this  state.  The 
ime  spent  in  teaching  in  any  public  institution  of  this  state 
ihall,  for  the  purposes  of  this  section,  count  as  part  of  the  ag- 
gregate time  of  teaching:  Provided,  That  the  last  five  years  Proviso, 
>f  service  shall  have  been  that  of  a  teacher  as  defined  by  this 
ict.  Retirement  may  he  had  on  request  of  the  teacher  or  up- 
>n  the  request  of  a  hoard  of  education  or  other  governing  body  how  had- 
)f  a  school  district.  Request  for  retirement  shall  be  made  in  Request, 
writing  addressed  to  the  retirement  fund  board,  accompanied 
jy  evidence  showing  that  the  teacher  named  is  entitled  to  re- 
tirement, ami  has  complied  with  the  provisions  of  this  act, 
ind  the  rules  of  the  board  relating  to  the  payment  of  aniiui- 
lies.  The -board  shall  pass  upon  all  requests  for  retirement  Determina- 

•  and  shall  determine  whether  such  requests  should  be  grant-1 
-d.     In  computing  terms  of  service  under  this  act,  a  year  shall  what  deemed 
be  a  legal  school  year  at  the  time  and  place  where  said  service  y( 
was  rendered,  except  that  the  time  of  service  outside  the  state 
shall  be  reckoned  by  the  number  of  years  that  the  number  of 
weeks  taught  would  make  of  legal  school  years  in  this  state. 

(448)  §  5775.    -SEC.  9.     1.     No   teacher  shall  be  entitled  who  not 
to  an  annuity  who  has  not  contributed  to  the  retirement  fund  annuity.*0 
an  amount  equal  to  at  least  one  hundred  per  centum  of  his  or 

her  annuity  for  one  year.  But  a  teacher  otherwise  entitled  HOW  may 
to  retirement  and  to  an  annuity  under  this  act,  may  become  annuitant. 
an  annuitant  and  entitled  to  an  annuity  by  making  a  cash 
payment  to  the  retirement  fund  of  an  amount  which  when 
added  to  his  or  her  previous  contributions  to  said  fund,  will 
equal  one  hundred  per  centum  of  his  or  her  annuity  for  one 
year,  or  if  unable  to  pay  in  advance  the  sum  required  to  make 
up  the  said  one  hundred  per  centum  of  the  yearly  annuity, 
by  authorizing  the  withholding  of  such  annuity  until  the 
amount  withheld  shall  equal  the  sum  required  to  make  up  said 
one  hundred  per  centum.  The  amount  so  withheld  shall  be 
credited  to  said  retirement  fund. 

1*.     Annuities  shall  be  paid  quarterly   to  the  teachers  enti-  Annuities 
tied   (hereto,   upon   the  warrants  or  orders  of  the  retirement  Jjuarteriy. 
fund  board.      Vouchers  or  receipts  therefor  shall  be  signed  in 
duplicate  by  annuitants.     Said  duplicate  receipts  shall  be  re- Duplicate 
turned  to  the  secretary  of  the  hoard,  and  one  of  them  shall  be  V( 
retained  in  his  ottice  and  the  other  shall  'be  filed  in  the  office 

•  of  the  state  treasurer. 
3.     Kaeh  annuity  shall  dale  from  the  time  when  the  retire-  Date  of 
ment  fund  board  shall  grant  the  application  for  the  retirement  a 
of  the  annuitant. 

(449)  §     r>77<:.     Si:<<.  10.     Any  teacher  who  shall  cease  to  cessation  of 
teach  in  the  public  schools  nf  this  state  before  receiving  any  u 
annuity    from    the    retirement    fund,    shall,    if   application     be 


208 


STATE   OF  MICHIGAN. 


Return  to 
teaching. 


Resumption 
of  teaching. 


Definition  of 
"teacher." 


Others 
included. 


made  in  writing  to  the  retirement  fund  board  within  four 
months  after  the  date  of  such  cessation,  be  entitled  to  the 
return  of  one-half  of  the  amount,  without  interest,  which  shall 
have  been  paid  into  the  fund  by  such  teacher.  If  such  teach- 
er should  again  thereafter  teach  in  said  public  schools,  he  or 
she  shall,  within  one  year  from  the  date  of  his  or  her  return 
to  the  service  in  said  public  schools,  return  to  the  retirement 
fund  the  amount  so  returned  to  such  teacher,  together  with 
simple  interest  on  said  amount  at  the  rate  of  five  per  centum 
per  annum,  for  the  time  such  amount  was  withdrawn  from 
the  fund. 

(450)  §  5777.     SEC.  11.     If    any    person    retiring    under 
this  act  shall  resume  teaching  in  this  state  or  elsewhere,  the 
annuity  paid  to  such  person  shall  cease  .during  the  time  of 
teaching,  but  shall  again  be  paid  after  a  subsequent  retire- 
ment. 

(451)  §  5778.    SEC.  12.    The  term   "teacher"   as   used   in 
this  act  shall  include  all  persons  employed  in  teaching  by 
any    city  board  of    education  or  school    board  of  any    city, 
town,   village  or  rural  school  district   in  this  state,  and    all 
superintendents  and  assistant  superin ten-dents  of  said  schools, 
all  supervisors    of  instruction,  all    principals  and    assistant 
principals,  and  special  teachers  of  said  schools.     It  shall  in- 
clude county  school  commissioners,  county  normal  teachers, 
the  superintendent  of  public    instruction  and  his    deputies. 
It  shall  include  all  persons  employed  in  teaching  or  educa- 
tional work  in  the  following  public  institutions:     Industrial 
home  for  girls,  industrial  home  for  boys,  Michigan  employ- 
ment institution  for  the  blind,  school  for  the  blind,  school  for 
the  deaf  and  state  public  school  and  state  normal  colleges  and 
normal  schools.     The  words  "retirement  fund"  as  used  in  this 
act  shall  mean  the  Michigan  state  teadiers'  retirement  fund 
for  public  <school  teachers  as  established  by  this  act. 

(452)  §  5779.     SEC.  13.     There  is  hereby  established  the 
Michigan  state  teachers'    retirement  fund  for  public    school 
teachers,  which  shall  consist  of 

(1)  All  contributions    made  by  teachers    as  herein    pro- 
vided ; 

(2)  All  donations,  gifts,  legacies  and  bequests  which -shall 
be  made  to  establish  a  permanent  fund,  of  which  the  income 
but  not  the  principal  shall  be  used  for  the  purposes  hereof; 

(3)  The  income  derived  from  the  investment  of  said  per- 
manent fund. 

(453)  §  5780.     SEC.  14.     This  act  shall  not  apply  to  any 
school  district  wherein  public  school  teachers  are  required  or 
authorized  to  contribute  to  a  teachers'  retirement  fund,  or  in 
which  such  teachers  are  entitled  to  annuities  or  pensions,  in 
accordance  with  any   special   or  local   act:     Provided,  how- 
ever, That  any  school  district,  now  having  a  local  teachers' 
retirement  fund  may,  upon  request  of  two-thirds  of  the  teach- 
ers contributing  to  said  fund,  by  a  majority  vote  of  the  quali- 


' '  Retirement 
fund"  de- 
fined. 


Of  what  fund 
to  consist. 


Act  not  to 
apply. 


Proviso, 
when  to 
apply. 


GENERAL   SCHOOL  LAWS.  209 

fi(  1  electors  of  said  school  district,  discontinue  said  fund, 
an  1  then  the-  provisions  of  this  act  shall  apply  to  such  district 
in  like  manner  as  to  other  districts  of  the  state.  Thereupon 
al  funds  held  for  the  purpose  of  such  local  retirement  or  an- 
ni;ity  fund,  after  payment  of  any  outstanding  obligations 
ot  ier  than  annuities,  shall  be  paid  into  the  state  treasury  and 
cr  dited  to  the  permanent  retirement  fund  herein  provided 
fo  •.  All  persons  who  previously  to  such  determination  by 
th  j  state  retirement  fund  board  have  'become  entitled  to  an 
ai  unity  from  such  local  fund,  shall  become  annuitants  under 
th  s  act  and  shall  receive  the  same  maximum  amount  there- 
at er  that  they  would  have  received  from  such  local  fund,  and 
th  >  teachers  of  such  district  shall  contribute  thereafter  to  the 
st  ite  retirement  fund,  as  is  provided  in  section  six  of  this 
act,  and  shall  be  entitled  to  the  same  rights  and  privileges 
IK  rennder  and  be  subject  to  the  same  duties  and  obligations 
a*>  are  the  teachers  of  other  districts. 


STATE  ACCOUNTS. 


An  Act  to  provide  for  the  safe  keeping  of  public  moneys. 

[Act  lai,  P.  A.  is-  o.i 
'I  In    I'coitlc  of  the  Slate  of  Mirlriyan  rnact: 

454)     £  298.     Si-:<Tio\  1.     That  all    moneys  which    shall  "Public  § 
me  into  the  hands  of  any  officer  of  the  state,  or  of  any  offi-  defined!'' 
err  of  any  county,  or  of  any  township,  school  district,  'high- 
\v  :v  district,  city  or  village,  or  of  any  other  municipal  or  pub- 
lic corporation  within  this  state,  pursuant  to  any  provision  of 
law  authorizing  such  ollicer  to  receive  the  same,  shall   be  de- 
nominated public  moneys  within  the  meaning  of  this  act. 


See   Fin-   aii.l    Wal.-r   ('mumr-.    v.   Wilkinson. 

As    t«    count?    tn-::siirrrs,    see    Perlcy    v.    Musk«-ou    Co.,    32/138.     See   also 

•  .    I.,    r.tir,.    aii'l    notes. 

»(45r>  i  S  i'!i!>.  BBC.  i'.  It  shall  be  the  duty  of  every  officer  Public  moneys 
arged  with  the  receiving,  keeping,  or  disbursing  of  public 
moneys  to  keep  the  same  separate  and  apart  from  his  own 
money,  and  lie  shall  not  commingle  the  same  with  his  own 
money,  nor  with  the  money  of  any  other  pel-son,  tirm  or  cor- 
p  iration. 

i  T»li)  §  :>00.  SEC.  3.  No  such  ollicer  shall,  under  any  How  used. 
p-etext,  use.  nor  allow  to  be  used,  any  such  moneys  for  any 
p  irpnse  oilier  than  in  accordance  with  the  provisions  of  Jaw; 
11  >r  shall  lie  use  the  same  for  his  own  private  use,  nor  loan 
the  same  to  any  person,  tirm,  or  corporation  without  legal 
authority  so  to  do. 


27 


210 


STATE  OP  MICHIGAN. 


Interest  on 
public  moneys 
to  constitute 
a  general 
fund. 


Officers  not  to 
receive  con- 
sideration for 
deposits  of 
money. 


Provisions 
of  act  to 
apply  to  dep- 
uties, etc. 

Penalty  for 
violating 
provisions 
of  act. 


Proviso. 


Penalty  for 
illegal  pay- 
ment of 
money. 


(457)  §  301.     SEC.  4.     In  all  cases  where  public  moneys 
are  authorized  to  be  deposited  in  any  bank,  or  to  be  loaned 
to  any  individual,  firm,  or  corporation,  foir  interest,  the  inter- 
est accruing  upon  such  public  moneys  shall  belong  to  and 
constitute  a  general  fund  of  the  state,  county,  or  other  public 
or  municipal  corporation,  as  the  case  may  be. 

(458)  §  302.     SEC.  5.     In  no  case  shall  any  such  officer, 
directly  or  indirectly,  receive  any  pecuniary  or  valuable  con- 
sideration   as  an  inducement  for  the    deposit  of  any    public 
moneys  with  any  particular  bank,  person,  firm,  or  corpora- 
tion. " 

(459)  §  303.     SEC.  (J.     The  provisions    of  this   act    shall 
apply  to  all    deputies  of  such  officer  or    officers,  and  to    all 
clerks,  agents,  and  servants  of  such  officer  or  officers. 

(460)  §  304.    'Ssc.  7.     Any  person  guilty  of  a  violation 
of  any  of  the  provisions  of  this  act  shall,  on  conviction  there- 
of, be  punished  by  a  fine  not  exceeding  one  thousand  dollars, 
or  imprisonment  in  the  county  jail  not  exceeding  six  months, 
or  both  such  fine  and  imprisonment  in  the  discretion  of  the 
court:     Provided,  That  nothing    in  this  act  contained    shall 
prevent  a  prosecution  under  the  'general  statute  for  embezzle- 
ment in  cases  Avhere  the  facts  warrant  a  prosecution  under 
such  general  statute. 

(461)  §  305.     SEC.  8.     Any  officer  who  shall  wilfully  or 
corruptly  draw  or  issue  any  warrant,  order,  or  certificate  for 
the  payment  of  money  in  excess  of  the  amount  authorized  by 
law,  or  for  a  purpose  not  authorized  by  law,  shall  be  deemed 
guilty  of  a  misdemeanor,  and  may  be  punished  as  provided  in 
the  preceding  section. 


STATE  BOARD  OF  EDUCATION. 


An  Act  to  revise  and  consolidate  the  laws  relative  to  the  state  board 

of  education. 

[Act  1194,   P.   A.   li8S9.] 

The  People  of  the  State  of  Michigan  enact: 

TO  be  a  body  (462)  §  1190.  'SECTION  1.  'That.for  the  purpose  of  ron- 
corporate.  deriiig  inore  efficient  their  organization,  and  to  enable  them 
more  fully  to  carry  into  effect  the  provisions  of  the  constitu- 
tion relative  thereto,  the  state  board  of  education  shall  be 
and  they  are  constituted  a  body  politic  and  corporate,  and 
are  hereby  empowered  to  purchase,  have,  hold,  possess  and 
enjoy  to  themselves  and  their  successors,  all  the  lands,  tene- 
ments, hereditaments,  goods,  chattels  and  effects  of  every  kind 
now  belonging  to  the  state  normal  school  or  that  may  here- 
after be  acquired  by  the  same;  and  the  same  to  grant,  alien, 
invest,  sell  and  dispose  of;  to  sue  and  [to]  be  sued,  plead 
and  be  impleaded,  in  all  the  courts  in  this  state;  to  have  and 


To  hold 
property  of 
normal 
school,  etc. 


i 


GENERAL   SOHOOL   LAWS.  211 

use  ;i    seal,    Mild    (he  SMIIIC    to    change,    alter   MIH!    renew    ;it 
easure.   and   to  niMke  such   by-laws  ami   re»'ulat  ion>  as   they 
ay   <leein    proper   for    the  ^overimieii t    and   conduct     of  said 
[   >oard|    and    Tor   the    transaction    of   ils   business:      Provided,  Proviso. 


T  he  same  be  not  repugnant  to  the  constitution  or  laws  of  this 


I 


ate  or  of  the  Tinted   States:      Provided    further.   That    said  rurtiu-r 
c  irporation  shall  be  subject   to  the  provisions  of  chapter  tifty-  ' 
re  of  the  revised  statutes  of  eighteen  hundred  and   forly-six. 
»  far  as  the  same  can  apply,  Mud  are  not    inconsistent    with 
ie  provisions  of  this  act. 


~>rt  of  tlio  revised  statutes  of  184"6  contains  the  "general  provisions 
r  latins  to  corporations"  and  will  !»••  fouinl  in  chapter  -J.v,o.  *  $  1  1  Mi's  4li. 
c  mpil.-d  laws  of  P.M.",.  See  acts  138  and  178  of  1849.  establishing  a  stnt.- 
n  rinal  school. 

(463)      §   11!M.      S  i-:r.   i».      Said    board     shall    have    power     lo  i>,,werof 
t  -MiisMct  all  necessary  business  at   any  meeting,  a  quorum  be-  t"):tr(L 
i  i»-    present.     Said    board    shall    make    ami    provide   such    by- 
1    us  and  regulations  for  the  conduct  of  its  business  as  it  shall 
(I  'em  proper.     A  <[in>rum  of  sMid  boanl  shall  consist  of  a  HIM-  Quorum. 
j  »rity   of   its   members.     All  processes   against    said    boanl   of  Processes. 
elucation  shall  be  served  on  the  president   or  secretary  there- 

iir.li      £    11!H».      BBC.  3.      The     state     board     of     ed  neat  ion  of  the 
s  lall  continue  the  normal  school  at  Ypsilanti  in  the  county  of 
Washtenaw,    where   it    is    now   located.     The   'purpose   of    the 
normal  school  shall  be  the  instruction  of  persons  in  the  art  of 
t^achino-,   ;in,i    jn   ;ln    the  various   branches  pertaining   to  the 
public    schools  of  the  state    of   Michigan:      Provided,    There  proviso. 
s  tail  be  prescribed  for  said  school  a  course  of  study  intended 
socially  to  |>repare  students  for  the  rural  and  the  elementary 
[graded]     schools  of   the  state,   which     shall   provide  not     I 
1  lan  twenty  weeks  of  special  professional   instruction. 

l  li;r»      $    11!).'!.      Si:r.    1.      No  member  of  said   board  of  edu-  M«  -i.iii.-rs  not 
cilion  shall,  duriii"   his  continuance  in  ollice,  act  as  the  a»-cnt  I,",,"',/  f^ 
of  any   publisher  or   publishers   of  school   books  or  school    ]i-  pui'iishi-rs, 
bi-ary    books,    or   be  or    become    interested    in    the    publication 
or  sale  of  any  such  book  or  books  as  a.uent  or  otherwise. 

lllHii      $    il!M.      SK<-.  :>.     Said   boanl   shall   provide  all   nee-  course  of  t 
e>sary   courses  of  study    to   be   pursued    in    the  normal   school 
and   establish   and    maintain    in   connection    therewith    a   fully  '•"• 
epiipped  t  raining  school  as  a  school  of  observation  and  prac- 
tice,  and   shall    orant.   upon    the  completion   of  either  of   said 
i    courses,  such  diploma  as  it   may  deem  best,  and  such  diploma 
\  hen   granted   shall   carry   with    it    such   honors   as   the  extent 
i  of  the  course  for  which  the  diploma  is  oiven  may  warrant  and 
slid  board  of  education   may  direct. 

i  HIT  i     £ii!>r>.    SKC.  a.    Upon  tbe  completion  of  the  course  certificate  to 

specially    prescribed    as    hereinbefore    provided    for    the    rural  granted,  tenn 
and  elementary  graded  schools,  said  board  of  education  shall,  of-  *'tl>- 
r.pon  the  recommendation  of  the  principal  and  a  majority  of 
the  heads  of  the  departments  of  said  school,  jjrant  a  certificate 
v.-hich  shall   be  signed  by  said  board  and   the  principal  of  the 


212 


STATE  OF  MICHIGAN. 


Proviso. 


Life  certifi- 
cates, when 
granted,  etc. 


normal  school,  which  certificate  shall  contain  a  list  of  the 
studies  included  in  said  course,  and  which  shall  entitle  the 
holder  to  teach  in  any  of  the  schools  of  the  state  for  which 
said  course  has  been  provided  for  a  period  of  five  years :  Pro- 
vided, That  said  certificate  may  be  suspended  or  revoked  by 
said  state  board  of  education  upon  cause  shown  by  any  county 
board  of  examination,  or  by  any  board  of  school  officers. 

(468)  §  1196.     SEC.  7.     Upon  the  completion  of  either  of 
the  advanced  courses  of  study  prescribed  by  said  state  board, 
which  shall  require  not  less  than  four  years  for  their  comple- 
tion, said  board  of  education,  upon  the  recommendation  of 
the  principal  and  a  majority  of  the  heads  of  departments  of 
said  school,  shall  issue  a  certificate  to  the  person  completing 
said  course,  which  certificate  shall  be  referred  to  in  the  di- 
ploma hereinbefore  provided  to  be  granted.     Said  certificate 
shall  set  forth  a  list  of  the  studies  of  the  course  completed 
and,  when  given,  shall  operate  as  a  life  certificate,  unless 
revoked  by  said  state  board  of  education. 

(469)  §  1197.    SEC.  8.  The  board  of  education  shall  make 
such  regulations  for  the  admission  of  pupils  to  said  school 
as  it  shall  deem  necessary  and  proper:  Provided,    That  the 
applicant  'shall,  before  admission,  sign  a  declaration  of  in- 
tention to  teach  in  the  schools  in  this  state. 

(470)  §  1198.     SEC.  9.     Said  board  of  education  shall  ap- 
point each  year  three  visitors  whose  duty  it  shall  be  to  examine 
thoroughly  into  the  affairs  of  the  normal  school  and  report 
their  views  with  regard  to  its  condition  and  any  other  matters 
they  may  judge  expedient,  to  the  said  board  of  education, 
which  report  shall  be  incorporated  in  the  report  of  the  super- 
intendent  of  public   instruction   and   in   the  report   of   said 
board  of  education  to  be  made  to  the  legislature  as  herein- 
after provided.     Said  visitors  shall  receive  two  dollars  per  ' 
day  for  time  actually  spent  in  visitation  and  also  their  actual 
traveling  expenses,  to  be  paid  out  of  the  funds  -of  said  board : 
Provided,    That  not  more  than  two  visits  shall  be  made  by 

O  Y1TT       T-V/\OT»/1        r\£       TTl  C11  ~f~rVY*C1 


Maybe 
revoked. 


Admission 
of  pupils. 

Proviso. 


To  appoint 
visitors,  re- 
port of,  etc. 


Proviso. 


Report  of 
board,  con- 
tents of,  etc. 


Treasurer, 
how  elected; 
bond,  amount 
of. 


•any  board  of  visitors. 

(471)  §   1199.     SEC.  10.     Said  board  of  education «shall 
make  to  the  legislature,  at  every  regular  session  thereof,  a 
report  setting  forth: 

First,  The  work  done  by  the  school  since  the  last  report; 

Second,  The  [need]  needs  and  requirements  of  the  school; 

Third,  A  report  of  the  principal  of  the  school,  concerning 
such  matters  pertaining  to  the  school  as  have  been  under  his 
immediate  direction  and  control,  and  such  recommendations 
as  he  may  deem  desirable  to  make  to  the  board ;  and 

Fourth,  A  financial  statement,  showing  in  detail  the  moneys 
received  and  expended,  with  an  itemized  statement  of  re- 
ceipts and  expenditures,  as  near  as  may  be. 

(472)  §  1200.    SEC.  11.    The  board  shall  elect  a  treasurer, 
who  shall  furnish  bonds  with  two  sureties,  or  a  surety  bond 
from  any  surety  company  authorized  by  the  laws  of  this  state 


GENERAL  SCHOOL  LAWS.  213 

1  »  execute  same,   in   the  penal  sum  of  not  less  than  forty 
1  lousand   dollars,   conditioned  for  the  faithful   discharge  of 

I  is  duties.     Whenever  the  treasurer  shall  furnish  a  surety  Cost  of  bond. 
•IK!  which  shall  be  approved  by  the  board,  the  cost  thereof 
Dt  exceeding  one-half  per  centum  per  annum  shall  be  paid 
at  of  the  treasury  of  the  state  of  Michigan  upon  the  warrant 
:  the  proper  officer  after  being  first  allowed  by  the  board  of 


s  .ate  auditors.     Such  treasurer  shall  receive  such  compensa-  compensa- 
i  on  as  to  the  board  may  seem  just. 


; 


(473)     §  1201.     SEC.  12.     The  ten  sections  of  salt  spring 
imls  located  by  the  board  of  education  tinder  the  provisions  postion  of 

ions  fifteen  and  sixteen  of  "An  act  to  establish  a  state  etc- 
ormal  school,"  approved  March  twenty-eighth,  eighteen  hun- 
i  red  and  forty-nine,  together  with  the  fifteen  sections  of  said 
j  alt  spring  lands  located  under-  the  provisions  of  section  six- 
ecu  of  said  act,  and  all  such  lands  as  may  be  granted  by  con- 
:  less  or  received  or  set  apart  in  any  manner  in  lieu  of  any 
•onion  of  said  land,  in  which  the  title  may  prove  insufficient, 
n  d  all  donations,  in  land  or  otherwise,  to  the  state  in  trust 
«T  to  the  board  of  education  for  the  support  of  a  normal 
.  chool,  shall  constitute  a  fund  to  be  called  the  normal  school 
•  ndowment  fund,  and  shall  be  reserved  from  sale  until  the 
t  ame  shall  be  appraised.     The  minimum  price  of  said  lands  Minimum 
hall  be  four  'dollars  per  acre,  and  it  shall  be  the  duty  of  the 
•  flicer  authorized  to  sell  said  lands,  to  cause  the  same  to  be 
appraised  as  soon  as  practicable,  in  the  manner  provided  for 
he  appraisal  of  other  lands;  none  of  said  lands  shall  be  sold 
or  less  than  the  minimum  price  fixed  by  law.    It  shall  not  be 
-;iry  to  appraise  any  of  said  lands  which  have  hereto- 
ore  been  appraised  under  existing  provisions  of  law;  and 
:he  proceeds  of  sales  of  any  of  said  lands   heretofore  ap- 
praised and  sold  shall  constitute  a  part  of  the  fund  herein 
provided.     After  such  appraisal,  such  land  shall  be  and  re- 
nal n  subject  to  sale  at  the  state  land  office  as  is  now,  or 
<hall  be  hereafter,  provided  by  law,  and  the  principal  shall  be 
and  remain  a1  perpetual  fund  for  the  use  of  said  institution, 
except  as  herein  provided.    The  installments  of  principal  paid 
by  the  purchasers  shall  be  paid  into  the  state  treasury,  and 
the  interest  thereon  from  the  time  of  its  receipt,  or  from  the 
time  of  the  preceding  computation  of  interest  as  the  same  may 
be,  shall   he  computed  by  the  auditor  general  and  the  state 
treasurer  at  the  close  of  each  fiscal  year,  at  the  rate  of  six 
per  cent  per  annum,  and  together  with  all  interest  paid  by 
purchasers  of  said  lands,  shall  be  passed  to  the  credit  of  the 
normal  school  interest  fund. 

i  -1  7-1  i  £  IL'OL'.  SKC.  i:{.  The  normal  school  interest  fund, 
and  any  moneys  which  may  be  from  time  to  time  appropriated  O  funds  etc. 
for  the  purposes  of  the  said  normal  school,  shall  be  under  the 
direction  and  control  of  said  state  board  of  education,  sub- 
ject to  the  provisions  herein  contained,  and  shall  be  paid  to 
the  treasurer  of  said  board  from  time  to  time  by  the  state 


211 


STATE   OF  MICHIGAN. 


Proviso. 


Compensation 
of  board. 


treasurer  on  the  warrant  of  the  auditor  general  drawn  upon 
the  certificate  of  the  president  and  secretary  of  said  board 
of  education  that  said  money  is  needed.  No  such  warrant: 
shall  foe  given  except  on  accounts  audited  and  allowed  by  said 
board,  covering  as  [nearly]  near  as  may  be  the  amounts 
previously  furnished:  Provided,  That  said  board,  for  the 
months  of  January,  February  and  March,  in  the  years  in 
which  the  regular  sessions  of  the  legislature  are  held,  shall 
draw  money  for  current  expenses  as  provided  in  section  four 
hundred  and  nineteen  of  Howell's  annotated  statutes. 

(475)  §  1203.     SEC.  14.     The  members  of  the  state  board 
of  education   shall   receive   three  dollars   per  day   for   their 
actual  services,  and  also  their  necessary  traveling  and  other 
expenses,  to  be  paid  by  the  state  treasurer  out  of  the  general 
funds  in  the  manner  already  provided  by  law  for  the  payment 
of  the  accounts  of  boards  of  state  institutions. 

(476)  §   1204.     SEC.  15.     'Said   board   shall  hold  at  least 
one  meeting  each  year,  at  which  they  shall  examine  teachers, 
and  shall  grant  certificates  to  such  as   have  taught  in  the 
schools  of  the  state  at  least  two  years  and  who  shall,  upon  a 
thorough  and   critical  examination  in  every  study  required 
for  such  certificate,  be  found  to  possess  eminent  scholarship, 
ability  and  good  moral  character.     Such  certificate  shall  be 
signed  by  the  members  of  said  'board,  and  be  impressed  with 
its  seal,  and  shall  entitle  the  holder  to  teach  in  any  of  the 
public  schools  of  this  state  without  further  examination,  and 
shall  be  valid  for  life  unless  revoked  by  said  board.     No  cer- 
tificate shall  be  granted  except  upon  the  examination  herein 
described :  Provided,   That  the  said  state  board  of  education 
may,   in   its    discretion,   indorse  'state   teachers'    certificates 
granted  upon  examinations,  normal  school  diplomas  or  cer- 
tificates, or  other  state  certificates  granted  in  other  states, 
if  it  be  shown  to  the  satisfaction  of  said  board  that  such 
certificates  are  for  life  and  that  the  examinations  required  or 
courses  of  study  pursued  are  fully  equal  to  the  requirements 
of  this  state:  Provided  further,   That  the  state  board  of  edu- 
cation may  grant  a  limited  certificate  to  a  graduate  of  a  nor-> 
mal  school  of  another   state  who  does  not  hold  a  life  cer- 
tificate if  it  foe  shown  to  the  satisfaction  of  said  board  that 
the  courses  of  study  pursued  are  fully  equal  to  the  require- 
ments of  this  state  for  a  life  certificate.     After  three  years' 
teaching  experience  satisfactory  to  the  state  board  of  educa- 
tion said  board  may  issue  a  life  certificate  to  a  person  who 
has    received    such    limited    certificate:    Provided,    That    in 
cities  in  this  state  comprising  a  single  school  district  having 
a1  population  of  two  hundred  fifty  thousand  or  over,  and  main- 
taining a  normal  training  school  for  the  training  of  teachers 
for  the  public  schools,  the  state  board  of  education  may  issue 
life  certificates  and  degrees  to  the  graduates  of  such  normal 


Duty  at 

annual 

meeting. 


Certificate, 
how  signed, 
etc. 


Proviso,  nor- 
mal training 
schools. 


Further  pro- 
viso, limited 
certificate. 


Proviso,  cer- 
tain districts. 


GENERAL   SCHOOL   LAWS.  -JIT, 

ing  school   if   the  course  of  study    pursued   shall  be  ap- 
pri  ved  by  the  state  board  of  education. 

m.   1910,  Act   157;  lt>21.  Act  r,j. 


477)  §  llMT).  BBC.  Hi.  The  said  hoard  shall  examine  all 
•te>.  Mbooks  in  physiology  and  hygiene  offered  for  use  in  the  duty  of 
pu  >lie  schools  of  this  state,  and  approve,  those  only  'which  l!°g  ui 
COMply  with  the  law  relative  to  the  space  required  to  be  de- 
vcred  to  the  consideration  of  the  nature  and  effects  of  alco- 
ho  ic  drinks  and  narcotics,  as  provided  in  act  one  hundred 
an  t  sixty-four  of  the  public  acts  of  eighteen  hundred  and 
eighty-seven.  It  shall  also  be  the  duty  of  said  board  to  dis- 
tri  mte  to  the  various  educational  institutions  of  the  state 
su  h  specimens  of  copper,  iron  and  other  ores  and  rocks  pre- 
sci  ibed  for  such  distribution  under  the  provisions  of  section 
ill  ee  of  act  nine  of  the  public  acts  of  eighteen  hundred  and 
seventy-seven,  being  compiler's  section  eight  hundred  and 
foi  ty-one  of  HoweH's  annotated  statutes. 

Phe  act  of  1887  referred  to  is  act  165.  instead  of  1<54.  It  amends  section 
15,  Ch.  3  of  tbe  general  laws  of  1881  relative  to  public  instruction  and  will  be 
fou  d  in  section  60  of  this  compilation. 

!~Si      i;    IL'IM;.     St:c.   17.     All    insurance   monevs  or   means  Disposition 
- ,  i    '         •       i  -111  ,-  .,.    of  Insurance 

co  Lected,  received  or  made  available  at  any  time,  from  poll-  moneys, etc. 

ci<  <  of  insurance,  or  toy  reason  of  insurance  policies  upon  the 
said  normal  school  buildings  and  property  shall  be  and  the 
same  are  hereby  designated  and  set  apart  as  a  fund  or  means 
foi  rebuilding  and  refurnishing  the  said  buildings. 

17!))     §  1208.     Si:r.   IS.     Any  person  holding  a  certificate  Certificate 
issued    or  approved  by  the  authority    of  the  state  board    of  Suntyoom- 
ed  ication.  desiring  to  leach   in  any  school   under  the  jurisdic- missioner- 
turn  of  a  county  commissioner  of  schools  shall  file  the  said 
certificate,  or  a  copy  of  the  same,  in  the  office  of  the  com- 
missioner of  schools  in  the  county  in  which  he  or  she  desires 
to  teach. 


NORMAL  SCHOOLS. 

An  Act  to  establish  a  normal  school  in  central  Michigan. 
[Act  2601,  P.  A.  ISO:,.] 

The  People  of  the  State  of  Michigan  enact: 
(480)     §   li'i:;.     SECTION   1.     That  a  normal  school  for  the 


jparation  and  training  of  persons  for  teaching  in  the-  rural 
district    schools,  and   the  primary  departments  of   the  graded  established 
j  schools  of  the  state,  to  be  known  as  "Central   Michig-iu  Nor- 
mal   School,"  be  established     and    continued     at    the   city     of 
Mount   Pleasant    in    Isabella   county,  to  'be  located   up"ii  block 
ten     of   the  normal   school    addition   to  said     city,   known 
"normal  campus,"  and  being  a  block  of  land  in  area  beiweea 
eight  and  ten  acres. 


216 


STATE  OF  MICHIGAN. 


State  board 
of  education 
to  procure 
deed  of  con- 
veyance, etc. 


School  to  be 
under  control 
of  state 
board  of 
education. 


(481)  §  1214.     SEC.  2.     The   state  board  of  education  is 
hereby  authorized  and  directed  to  procure  a  good  and  suffi- 
cient deed  of  conveyance,  to  be  accompanied  with  abstract  of 
title  and  tax  history,  to  be  approved  by  the  attorney  general, 
conveying  to  the  said  board  of  education  and  its  successors 
a  good  and  unincumbered  title  in  fee  simple  to  said  lands  and 
buildings  thereon,  for  such  school,  and  a  proper  article  of 
sale  of  all  the  library,  school  furniture  and  apparatus  therein, 
said  lands  and  buildings  and  personal  property  to  be  donated 
to  the  state  of  Michigan,  in  consideration  of  the  establishment 
•of  said  school,  and  to  be  conveyed  within  thirty  days  after 
the  passage  of  this  act. 

(482)  §  1215.    ISEC.  3.     Said  school  shall  be  under  and 
subject  to  the  control  of  the  state  board  of  education,  accord- 
ing to  the  provisions  of  act  number  one  hundred  ninety-four 
of  the  public  acts  of    eighteen  hundred  and  eighty-nine,    of 
Michigan,  entitled  "An  act  to  revise  and  consolidate  the  laws 
relative   to  the   state  board  of    education,  and   amendments 
thereto/7  which  is  made  applicable  to  this  school,  except   as 
herein  otherwise  provided. 

The   act   referred   to   immediately   precedes    this.     See   sections   462-470. 


Change  name 
of  normal 
school  at 
Ypsilantl. 


An  Act  to  change  the  name  of  the  "Michigan  State  Normal  School"  to 
"Michigan   State   Normal   College." 

[Act  52,   P.  A.   1890.] 

The  People  of  the  State  of  Michigan  enact: 

(483)  §  1209.  SECTION  1.  The  institution  now  known 
and  designated  under  the  name  and  style  of  "Michigan  State 
Normal  School"  shall  hereafter  be  known  as  the  "Michigan 
State  Normal  College." 

Sec.  2.     Repealing  clause. 


Name  of 
school. 

Purpose. 


Selection 
of  site. 

f 


An  Act  to  provide  for  the  location,  establishment  and  conduct  of  a 
normal  school  at  Marquette,  in  the  upper  peninsula  of  this  state,  and 
to  make  an  appropriation  for  the  same. 

[Act  61,   P.   A.    1699.] 

The  People  of  the  State  of  Michigan  enact: 

(484)  §  1219.     SECTION  1.     That  a  normal  school  shall  be 
located   at  Marquette,    to  be    known  as    the  Northern    State 
Normal  School,  for  the  purpose  of  instructing  persons  in  the 
several  branches  pertaining  to  a  public  school  education,  and 
in  the  science  and  the  art  of  teaching  the  same. 

(485)  §  1220.     SEC.  2.     The  state  board  of  education    is 
hereby  authorized  to  procure  a  suitable  site  for  the  grounds 


GENERAL  SCHOOL  LAWS.  217 

•  and  buildings  for  said  normal  school,  which  site  shall  con- Area  and 
sisi  of  at  least  twenty  acres  of  land,  located  within  one  an<l Io 
one  half  miles  of  the  present  location  of  the  postoffice  in  said 
citv    of  Man[iiette.     Said  state  board  of  education  shall  pay 
for  such  site  a  sum  not  exceeding  one  dollar,  which  sum    is 
her  -by  appropriated  for  the  use  of  said  state  board  of  educa- 
tio     out  of  any  moneys  in  the  treasury  not  otherwise  appro- 
pri   fed,  to  be  drawn  on  the  requisition  of  said  state  board  of 
edi  -ation    and  the  warrant   of  the  auditor   general,  as    the 
7110  cys  and  appropriations  are  drawn.     Said  state  board  of  Deed  or 
edi  cation  shall  procure  good  and  sufficient  deed  or  convey- c 
am  '  of  such  site  and  grounds,  and  have  the  title  for  the  same 
(hi  y  recorded.     When  so  recorded,  the  said  deed  of  convey - 
an<  i>,  witli  an  abstract  of  title  showing  a  clear  and  unincum- 
bei  H!  title,  and  all  papers  relating  thereto  shall  be  deposited 
in   ;he  office  of  the  auditor  general. 

!  ections  3,  4  and  5  provided  appropriations  for  buildings  and  maintenance 
of   :  tie  school. 

i486)  §  1224.  SEC.  6.  The  said  northern  state  normal  Control  of 
scl  ool  shall  be  under  and  subject  to  the  control  of  the  state  K 
bo;  rd  of  education,  according  to  the  provisions  of  act  num- 
bei  one  hundred  ninety-four  of  the  public  acts  of  eighteen 
Jin  idred  and  Eighty-nine,  entitled  "An  act  to  revise  and  con- 
solidate the  laws  relative  to  the  state  board  of  education,  and 
amendments  thereto,  also  according  to  the  provisions  of  act 
nn  nber  one  hundred  and  seventy-five  of  the  public  acts  of 
eighteen  hundred  and  ninety-seven,  entitled  "An  act  to  fix 
tin  relation  of  the  existing  normal  schools  of  the  state," 
which  laws  are  made  applicable  to  the  school,  except  as  here- 
in otherwise  provided. 


An  Act  to  provide  for  the  locating,  establishing  and  maintaining  of 
i.  state  normal  school  in  the  western  part  of  the  state,  to  make  ap- 
l-ropriations  therefor  and  to  provide  a  tax  to  meet  the  same. 


[Act  ir.t;.  r.  A. 

77/r    /\oy>/f;    of    ///<•   N////C    O/ 

(487)  j;   l-iT).     SECTION    1.     A  state  normal   school    shall  Name. etc. 
be  located.  established  and  maintained  in  the  western  part  of 

the  state,  at  such  place  as  the  state  board  of  education  shall 
drsionair,  i,,  i,,«  known  as  the  "Western  State  Normal  School," 
for  the  preparation  and  training  of  persons  for  teaching  in 
the  rural  district  schools,  and  the  primary  departments  of 
the  graded  schools  of  the  state. 

(488)  $  li'iMi.     s i-:r.  2.     Tin*  state  board  of  education  is  site,  how  ami 
In  reby  authorized  and  directM   to  procure  a  suitable  site  of 

not  less  than  twenty  acres  for  the  building  and  grounds  for 
said  normal  school.  Said  state  board  of  education  shall  pay 
r  such  site  a  sum  not  exceeding  one  dollar,  to  be  drawn  on 


218 


STATE  OP  MICHIGAN. 


School, 
how  con- 
trolled, etc. 


the  requisition  of  said  state  board  of  education,  and  the  war- 
rant of  the  auditor  general,  as  other  moneys  and  appropria- 
tions are  drawn.  Said  state  board  of  education  shall  procure 
good  and  sufficient  deed  of  'conveyance,  with  an  abstract  of 
the  title  thereto,  showing  a  clear  and  unencumbered  title, 
and  .all  papers  relating  thereto  shall  be  deposited  in  the  office 
of  the  auditor  general.  The  sum  of  one  dollar  is  hereby  appro- 
priated for  the  fiscal  year  ending  June  thirtieth,  nineteen  hun- 
dred four,  for  the  purpose  of  carrying  out  the  provisions  of 
this  section. 

Sections    3    and    4    provided    appropriations   for   buildings    and    maintenance 
of  school. 


(489)  §  1229.  iSsc.  5.  The  said  western  state  normal 
school  shall  be  under  and  subject  to  the  control  of  the  state 
board  of  education,  according  to  provisions  of  act  number  one 
hundred  ninety-four  of  the  public  acts  of  eighteen  hundred 
eighty-nine,  entitled  "An  act  to  revise  and  consolidate  the 
laws  relative  to  the  state  board  of  education,"  and  amend- 
ments thereto;  also  according  to  the  provisions  of  act  num- 
ber one  hundred  seventy-ifive  of  the  public  acts  of  eighteen 
hundred  ninety-seven,  entitled  "An  act  to  fix  the  relations  of 
the  existing  normal  schools  of  the  state,"  which  laws  are  made 
applicable  to  the  school  hereby  established  except  as  herein 
otherwise  provided. 

Sections  6  and  7  prescribed  manner  of  payment  of  appropriations,  and  tax 
clause. 


Course  in 

physical 

training. 


Duty  of 


An  Act  to  provide  for  the  establishment  of  physical  training  in  the 
public  schools  and  state  normal  schools  of  this  state;  to  define  the 
aims  and  purposes  of  such  physical  training;  to  prescribe  the 
duties  of,  boards  of  education  relative  to  physical  training  in  cer- 
tain school  districts;  to  provide  for  a  course  of  instruction  in 
physical  training  in  the  normal  schools  of  this  state;  to  provide 
for  the  appointment  of  a  director  of  physical  training  and  the 
salary  and  expenses  connected  therewith;  and  to  make  an  ap- 
propriation therefor  and  to  provide  a  tax  to  meet  the  same. 

[Act  27i4,   P.   A.   1&H9.] 

The  People  of  the  State  of  Michigan  enact: 

(490)  SECTION  1.     There  shall  be  established  and  provid- 
ed in  all  the  public  schools  of  this  slate,  and  in  all  state  nor- 
mal schools,  'physical  training  for  pupils  of  both  sexes,  and 
every  pupil  attending  such  schools  of  this  state  in  so  far  as 
he  or  she  is  physically  fit  and  capable  of  doing  so,  shall  take 
the  course  in  physical  training  as  herein  provided. 

(491)  SEC.  2.     It  shall  be  the  duty  of  boards  of  education 


'ds-  in  city  school  districts  and  graded  school  districts  having  a 
population  of  more  than  three  thousand  to  engage  compe- 
tent instructors  in  physical  training  and  to  provide  the  neces- 
sary place  and  equipment  for  instruction  and  training  in 


= 


GENERAL   SCHOOL  LAWS.  219 


1  ysical  education;  and  other  school  boards  may  make  such 
piovision:  Provide!,  That  nothing  in  this  act  shall  be  con-  proviso. 
s  -IKH!  or  operate  to  authorize  compulsory  physical  examina- 
ti  m  or  compulsory  medical  Ircatment  of  school  children,  nor 
t<  allow  the  teaching  of  sex  hygiene  and  kindred  subjects  in 
tl  e  public  schools  of  this  state. 

(492)     SEC.  3.     The  curriculum  in  all  normal  schools    of  Curriculum. 
t    is  state  shall  contain  a  regular  teacher's  course  in  physical 
t  aining  under  competent  jurisdiction. 

i  1!KJ  i      S  i-:r.  4.     The  superintendent   of  public  instruction  state  director 
s   all  appoint   a  state  director  of  physical  training  who  shall  trahUng!*1 
j  M-forni  such  duties  as  the  superintendent  of  public  instruc- 
t  on   may  prescribe  under  this  act.     The  superintendent    of 
I   iblic  instruction  may  revoke  said  appointment  in  his  discre- 
l  on.     The  salary  of  the    state  director  of  physical    training  salary. 
s  lall  lie  three  thousand  dollars  per  annum,  together  with  his 
i  M-essary  traveling  and  other  expenses,  not  exceeding  in  any 
\  sir  the  sum  of  twelve  hundred  dollars,  which  sums  shall  be 
j  aid  from  the  general  fund  upon   a  wan-ant  of  the  auditor 
•.eneral  in  the  same  manner  that  the  salaries  of  other  state 
i  Hicers   are  paid.     The  superintendent  of  public  instruction  stenographer. 
saall  also  appoint  a  stenographer  for  such  director  of  physical 
t  raining  at  a  salary  not  to  exceed  thirteen  hundred  dollars  per 
j  ii  num.     Such  director  shall  prepare  and  distribute  suitable 
(  nurses  of  study  for  which  purpose  he  shall  be  allowed  a  sum 
i  ot  to  exceed  two  thousand  dollars  per  annum. 

Sec.   5,   which  provided  for  an  annual   appropriation,   was  repealed   by   Act 
IS.      (1st   ex.   sess.),   P.    A.    1921. 


ct  to  provide  for  physical  training  in  the  state  normal  schools  and 
in  certain  city  districts. 


[Act  40.   P.   A.   l&lll.] 

<>j  tin-.  State  of  Mirhh/nn  <  intct: 


I 
(4!M)      §   \'2:\'2.     SKCTION   1.     Physical      training     shall     be  where 
in-hided     in    the  branches    to  be  regularly    taught  in    public111 
schools  in  city  school  districts  having  a   population  of  more 
than    ten    thousand   and    in    the  state    normal   schools,   subject 
lo  such  rules  and  regulations  as  the  superintendent   of  public 
instruction     may   prescribe,  and    it    shall     be   the  duty   o!'     tin1  HOW  pro- 
boards  of  education   in   such   city  school  districts  and   of  the*1 
•<tale   board    of   education    to    make    provisions   in    the  schools 
and    institutions    under    their   jurisdiction    for    the    introduc- 
tion of  a  syMcmatic  ami  educational  course  of  physical   tram- 
ing;    to  engage  competent    instructors;    to   provide   the   m-< 
sary  equipments;  to  establish  and  conduct  same;  and  to  adopt 
such   methods  as  shall  adapt   the  same  to  the  capacity  of  the 
pupils  in    the  various  grades  therein;  and  other  boards  may 
make  such  provisions.     The  curriculum  in  all  normal  schools 
of  this  state  shall  contain  a  regular  teacher's  course  on  physi- 
cal education  under  competent  jurisdiction. 


220 


STATE  OF  MICHIGAN. 


Advanced 
courses  in 
certain 
districts. 


An  Act  to  authorize  and  empower  boards  of  education  in  certain  school 
districts  of  this  state  to  provide  for  the  establishing  and  offering 
of  advanced  courses  of  study  to  high  school  graduates,  and  to  pro- 
vide for  the  regulation  thereof. 

[Act   14G,   P.   A.   1(917.] 

The  People  of  the  State  of  Michigan  enact: 


(495)  SECTION  1.  The  board  of  education  in  any  school 
district  of  this  state  having  a  population  of  more  than  thirty 
thousand  people,  according  to  the  last  official  census  of  the 
United  States  government,  is  hereby  authorized  and  empow- 
ered to  provide  for  the  establishing  and  offering  in  such  dis- 
trict of  advanced  courses  of  study  for  high  school  graduates, 
which  courses  shall  not  embrace  more  than  two  years  of  col- 
legiate work.  Such  courses  collectively  shall  be  known  and 
designated  as  the  junior  collegiate  department  of  the  dis- 
trict school  system.  The  board  of  education  shall  provide 
suitable  instructors  therefor  and  shall  adopt  regulations  with 
reference  to  the  admission  and  conduct  of  pupils  taking  such 
courses,  and  the  issuance  of  diplomas  upon  the  completion 
thereof:  Provided,  however,  That  no  student  who  is  not  a 
not  admitted,  graduate  of  a  high  school  offering  four  years  of  work  in  this 
state  shall  be  admitted  to  any  of  such  courses. 


How 

designated. 


Proviso,  who 


Powers  of 
board. 


Proviso. 


An  Act  to  authorize  and  require  the  state  board  of  education  to  pre- 
scribe courses  of  study,  issue  licenses  and  certificates  and  grant 
diplomas  and  degrees  in  connection  with  the  several  state  normal 
schools  of  the  state,  and  to  repeal  all  acts  and  parts  of  acts  in  any 
way  contravening  the  provisions  of  this  act. 

[Act  202,,  P.  A.  i<903.] 

The  People  of  the  State  of  Michigan  enact: 

(496)  §  1211.  SECTION  1.  The  state  board  of  education 
is  hereby  authorized  and  required  to  prescribe  the  courses  of 
study  for  students,  to  grant  such  diplomas  and  degrees  and 
issue  such  licenses  and  certificates  to  graduates  of  the  several 
normal  schools  of  the  state  as  said  state  board  of  education 
shall  determine:  Provided,  That  there  shall  always  be  main- 
tained in  the  central  Michigan  and  western  normal  schools 
a  department  especially  for  the  education  and  training  of 
teachers  for  the  rural  schools  of  the  state. 

Note. — The  foregoing  act  in  effect  repeals  Act  175  of  1897,  which  was  an 
act  authorizing  the  state  board  of  education  to  grant  certificates  and  maintain 
uniformity  in  courses  of  study  in  the  normal  schools. 


GENERAL  SCHOOL  LAWS.  221 


LOAN  FUNDS   F<>K  TllK   IJKNKKIT  OF  STUDENTS. 

i  Act  to  provide  for  the  incorporation  of  associations  for  the  purpose 
of  establishing  loan-funds  for  the  benefit  of  school  scholars  and 
students  of  this  state,  to  assist  them  to  attend  the  university  of 
Michigan,  the  state  normal  college  at  Ypsilanti,  the  central  Mich- 
igan normal  school  at  Mt.  Pleasant,  the  Michigan  state  agricultural 
college  at  Lansing,  the  college  of  mines  at  Houghton,  or  the  manual 
training  schools  of  this  state. 


[Act  250,  P.   A.   1899.] 

The  People  of  the  State  of  Michigan  enact: 


1(497)     §  11321.     SECTION  1.     Any  five  or  more  persons  of  Loan  funds. 
ill  age  residing  in  the  state  of  Michigan  may  associate  and 
icorporate  themselves  together  for  the  purpose  of  establish- 
i  ig  loan-funds  for  the  benefit  of  school  scholars  and  students 

<  f  tliis  slate,  to  assist  them  to  attend  the  university  of  Mich- 
i  jan,  the  state  normal  college  at  Ypsilanti,  the  central  Mich- 
i  *an  normal  school  at  Mt.  Pleasant,  the  western  state  normal 
*  chool,  the  northern  state  normal  school,  the  Michigan  state 
j  griculhiral  college  at  Lansing,  the  Michigan  college  of  mines, 

<  r  the  manual  training  schools  of  this  state. 

Am.  1919,  Act  268. 

(498)  §  11322.  SEC.  2.  Articles  of  association  shall  'be  Manner  of 
executed  in  duplicate,  by  the  persons  so  associating  them-1 
•selves  together  in  the  first  instance,  and  shall  be  acknowl- 
edged by  them  before  some  person  authorized  by  the  laws  of 
his  slate  to  take  acknowledgments  of  deeds,  one  of  which 
duplicates  shall  be  filed  and  recorded  in  the  office  of  the  secre- 
ary  of  state,  and  a  record  shall  be  made  of  such  articles,  and 
.1  certified  copy  thereof  filed  in  the  clerk's  office  in  the  county 
vvhere  such  society  is  formed.  Thereupon  the  persons  so 
'.executing  said  articles,  and  such  other  persons  as  may  there- 
it  ter,  according  to  the  provisions  of  such  articles,  become  as- 
sociated with  them  shall  become  and  be  a  body  politic  and 
corporat<\  capable  of  being  sued,  for  the  purpose  set  forth  in 
such  articles. 

i  !!>'.h     $   11323.     SEC.  3.     The  articles  of  association  shall  Articles  of 

Contain:  association. 

i.    The  names    and  places  of   residence  of  the   persons 
associated  in  the  first  instance; 

Second.  The  uame  or  title  by  which  such  association  shall 
be  known  in  law,  and  the  period  for  which  it  is  incorporated, 
not  exceeding  thirty  years; 

Third,  The  objects  for  which  it  was  organized; 

Fourth,  The  number  of  its  trustees  or  managers  to  manage 
the  same,  and  the  names  of  such  trustees  or  managers  for  the 
lirst  year  of  its  existence. 

ir>00)     §  11324.     SEC.  4.     The  affairs  of  such  corporation  General  man- 
shall   be  under  the  general  management  of  not  less  than  five  mger 
nor  more  than  fifteen  trustees,  to  be  chosen  by  the  members 


222 


STATE  OF  MICHIGAN. 


By-lawa. 


Amendments. 


Funds  of 
corporation. 


thereof,  and  to  hold  office  for  such  time,  not.  exceeding  five 
years,  as  shall  be  provided  by  the  articles  of  association; 
classification  and  the  articles  of  association  may  provide  for  a  classifica- 
tees-  tion  of  the  trustees  so  that  the  terms  of  office  of  the  several 
classes  shall  expire  at  different  times,  and  for  a  classification 
of  the  members  in  accordance  with  their  subscriptions  to  the 
objects  for  which  the  corporation  was  organized.  The  regular 
officers  of  such  corporation  shall  form  a  part  of  such  trustees. 
The  officers  may  be  chosen  by  the  trustees  or  the  members  of 
the  corporation,  as  the  articles  shall  prescribe.  The  by-laws 
shall  be  adopted  by  the  trustees,  who  may  change  them  at 
pleasure.  The  majority  of  the  trustees  shall  be  a  quorum  to 
transact  business.  The  articles  of  association  of  any  such 
corporation  may  be  amended  at  any  time  by  a  two-thirds  vote 
of  the  trustees.  Before  any  such  amendment  shall  take  ef- 
fect, a  copy  of  the  resolution,  certified  by  the  secretary,  shall 
be  filed  in  the  office  of  the  secretary  of  state,  and  in  the  clerk's 
office  of  the  county  in  which  the  original  articles  are  filed. 

(501)  §  11325.     SEC.  5.     All   the  funds   received  by   any 
corporation  organized  under  this  act  shall  be  used,  after  pay- 
ing necessary  expenses,  for  the  exclusive  purpose  or  purposes 
set  forth  in  the  articles  of  association.     And  no  portion  of  the 
funds  of  such  corporation  shall  be  used  or  contributed  toward 
the  erection,  completion  or  furnishing  of  any  building    not 
owned  or  used  by  such  corporation  for  the  purpose  or  pur- 
poses set  forth  in  its  articles  of  association.    Such  corpora- 
tion shall  in  equity  and  law  be  capable  of  taking  and  receiv- 
ing real  and  personal  estate,  either  by  purchase,  gift,  grant, 
lease,  or  bargain  and  sale,  devise  and  bequest,  not  exceeding 
twenty-five  thousand  dollars,  in  the  aggregate,  for  the  pur- 
pose  of  its  incorporation,  but  for  no    other  purpose,  and   it 
shall  have  power  to  invest  the  same  at  pleasure,  and  to  grant, 
bargain,  mortgage,  sell  or  lease  the  same  for  the  use  of  said 
association;  and  it  shall  be  lawful  to  invest  the  same  upon 
mortgage,  or  in  or  by  loans  on  notes  or  bonds,  or  municipal, 
county,  state  or  United  States  securities ;  or  deposit  the  same 
in  any  reliable  bank  on  interest;  but  no  loans  shall  be  made 
to  any  trustee  or  officer  of  such  corporation :     Provided,  That 
any  such  corporation  may,  in  its  articles  of  association,  spe- 
cify the  kinds  of  securities  in  which  its  funds  shall  be  invested, 
and  that  no  part  of  its  funds  shall  be  invested  in  any  securi- 
ties other  than  those  named  in  its  articles,  or  when  the  securi- 
ties shall  not  be  specified  in  the  articles  of  association,  then 
such  funds  shall  only  be  invested  in  such  securities  as  are 
specified  in  this  act.     Such  corporation  shall  have  the  power 
to  make  all  needful  rules  and  regulations  and  by-laws  for  the 
management  of  its  affairs,  not  inconsistent  with  the  constitu- 
tion and  laws  of  this  state  or  of  the  United  States. 

(502)  §  11326.     SEC.  6.     In  case  it  shall  at  any  time  hap- 
pen that  an  election  of  officers,  directors  or  trustees  shall  not 
be  made  on  the  day  designated  by  the  articles  of  association 
and  by-laws,  said  corporation  for  that  cause  shall  not  be  dis- 


May  receive 
real  and 
personal 
estate. 


Proviso, 
may  specify 
kinds  of 
securities. 


Election  of 
officers. 


GENERAL   SCHOOL   LAWS. 


soh  M!,  hut  it  shall  ;iml  nuiy  he  l;i\vful  mi  juiy  other  day  in 
hoh  an  election  of  officers.  directors  or  trustees.  in  such  man- 
ner as  may  he  directed  by  the  articles  of  association  and 
by-1  iws  of  said  corporation. 

(•03)      §    11:>L'7.     Si:r.   7.     The  articles  of  association   filed 
as  .1  equired  by  this  act,  or  a  copy  thereof  rertilied  hy  the  olli-  court. 
cer  with  whom  they  are  so  filed,  may  he  given  in  evidence  in 
an\   court  of  this  state  for  or  against  said  corporation.     Said  f'l'™'™1 
cor;  -oration  shall  possess  the  general  power  conferred  hy  and 
snl>  ect  to  the  provisions  and  restrictions  of  chapter  two  hnn- 
dr<  1  thirty  of  the  compiled  laws  of  the  state  of  Michigan  of 
ei.«:   teen  hundred  ninety-seven,  so  far  as  the  same  may  be  ap- 
plh  able  to  corporations  formed  under  this  act. 


STATK  HOARD  OF  LIHKAIIY  COMMISSIONERS. 

An  Act  to  create  a  state  board  of  library  commissioners,  to  promote 
tl  e  establishment  and  efficiency  of  free  public  libraries,  and  to 
p  -ovide  an  appropriation  therefor. 

[Act  115,  P.  A.  1899.] 

The  People  of  the  State  of  Michigan  enact: 
•  50-n     §  1150.     SECTION  1.     The  governor,  with  the  advice  Personnel  of 

.     .     »   '  .    commission. 

ami  consent  of  the  senate,  shall  appoint  four  persons,  resi- 
de] ts  of  this  state,  who,  together  with  the  state  librarian, 
\vh  >  shall  be  a  member  ex-ollicio.  shall  constitute  a  board  of 
lib -an*  commissioners.  Two  members  of  said  board  shall  be 
appointed  for  a  term  of  four  years  and  two  for  a  term  of  two 
ye;  rs,  and  thereafter  the  term  of  office  shall  be  four  years. 
All  vacancies  occurring  in  the  appointive  membership  of  said 
board,  whether  by  expiration  of  term  of  office  or  otherwise, 
sh;  11  be  tilled  by  the  governor,  with  the  advice  and  consent  of 
tin  senate. 

505)      §  1151.     Sr.r.  i'.      It  shall  he  the  duty  of  the  library  Duties  of 
commission    to  ^ive  advice  ami  counsel  to  all  free  libraries" 
in   the  state,  and  to  all  communities  which   may  propose  to 
establish  them,  as  to  the  best  means  of  establishing  and  ad- 
ministering such  libraries,  the  selection  of  books,  cataloguing, 
an  1  all  other  details  of  library  management.     In  January  of 
ea  .-h  year  the  board  shall  make  a  report  to  the  governor  of 
its  doings,  of  which  report  one  thousand  copies  shall  be  print- 
ed by  the  state  printer  for  the  use  of  the  board. 

(606)     §  1152.     SEC.  3.     It  shall  be  the  duty  of  all  free  Reports  to 
lil  raries  organized  under  the  laws  of  the  state,  whether  gen- c 
er.ii  or  special,  to  make  an  annual  report  to  the  board  of  li- 
br  iry  commissioners,  which  report   shall  conform  as  near  as 
may  be  reasonable  and  convenient,  as  to  time  and   form  such 
rules  as   the  hoard   may  prescribe. 

Sections  4  and  5  of  this  act  are  repealed  by  Act  274  of  1909. 


sections  -i 


224 


STATE  OF  MICHIGAN. 


DISTRIBUTION  OF  LAWS  AND  DOCUMENTS. 


Annual  report 
of  superin- 
tendent of 
public  In- 
struction. 


To  whom 
distributed. 


Number  of 


Proviso. 


Further 
proviso. 


Institute 
outlines. 


Duty  of 
county  com- 
missioner. 


An  Act  to  provide  for  the  publication  and  distribution  of  laws  and 
documents,  reports  of  the  several  officers,  boards  of  officers  and 
public  institutions  of  this  state  now  or  hereafter  to  be  published, 
and  to  provide  for  the  replacing  of  books  lost  by  fire  or  otherwise, 
and  to  provide  for  the  publication  and  distribution  of  the  official 
directory  and  legislative  manual  of  the  state  o*  Michigan,  etc.* 

(From  this  act  only  such  portions  are  quoted  as  relate  directly  to  the 
public  school  system.) 

[Act  44,   P.   A.   liS99.] 

(507)  §  830.     SEC.  11.     There  shall  be  printed  of  the  an- 
nual report   of  the  superintendent  of  public  instruction,  a 
sufficient  number  to  supply  all  school  libraries  in  the  state 
with  one  copy  each,  also  one  copy  each  to  the  following  per- 
sons or  institutions:     To  each   superintendent  of  public  in- 
struction, state  university,  college  of  mines  and  state  normal 
school  in  the  United  States,  each  living  ex-superintendent  and 
deputy  superintendent  of  public  instruction  in  this  state,  each 
member  of  county  boards  of  examiners,  each  city  superinten- 
dent of  schools ;  two  hundred  copies  for  deposit  with  the  secre- 
tary of  state  for  future  distribution,  and  such  number  of  ad- 
ditional copies  as  the  superintendent  of  public  instruction 
may,    in  his  discretion,  deem    necessary,  and  not   exceeding 
three  hundred    copies.     Said  report    shall  not  exceed    three 
hundred  pages  including  context  and  index,  such  pages  to  be 
the  size  of  the  pages  of  the  report  of  the  superintendent   of 
public  instruction  for  the  year  eighteen  hundred  ninety-five, 
and  such  report  shall  be  distributed  by  the  superintendent  of 
public  instruction.     Not  to  exceed  the  sum  of  fifty  dollars  for 
any  one  report  shall  be  expended  for  cuts  or  illustrations  for 
said  report :     Provided,  That  said  fifty  dollars  shall  cover  the 
cost  for  special  pajper,  if  necessary  for  such  cuts,  and  also 
the  cost  of  making  such  cuts:     Provided  further,  That  the 
state  superintendent  of  public  instruction  may  prepare  and 
have  published  for  the  district  schools  a  state  course  of  study ; 
for  the  teachers'  institutes,  institute  outlines ;  and,  from  time 
to  time,  such  educational  bulletins  as  he  may  deem  necessary 
and  the  board  of  state  auditors  may  approve,  for  the  advance- 
ment of  the  cause  of  education  in  Michigan. 

Section  SO  of  the  above  act,  as  amended  by  Act  105',  P.  Ai  of  19'21,  pro- 
vides for  the  distribution  of  the  legislative  manual  (red  book),  and  the  list 
includes  one  copy  for  each  of  the  following :  each  county  clerk  and  county 
school  commissioner ;  each  district,  graded  and  city  public  school ;  and 
each  public  library  other  than  school  library. 

(508)  §  (850.     SEC.  32.     It  shall  be  the  duty  of  the  county 
commissioners  of  schools  to  distribute  all  copies  of  the  "of- 
ficial directory  and  legislative  manual"  .to  the  schools  in  their 
respective  counties,  as  provided  in  section  thirty  of  this  act ; 
and  also   to  see  that  the  same  are  kept   for  the  use  of  said 


*Remainder  of  title,  repealing  clause. 


GENERAL   SCHOOL   LAWS.  225 


•hools.  and  it  shall  be  the  duty  of  the  secretary  of  state  to 
irect  and  oversee  the  prompt  distribution  of  the  laws,  jouru- 
,-  Is,  documents  and  reports  mentioned  in  this  act,  whose  dis- 
1  •ibntion  is  not  otherwise  provided  for;  and  said  laws,  journ- 
j  Is,  documents  and  reports  shall  be  shipped  to  the  several 

<  )un(y  clerks    and    county  commissioners    of  schools  in    the 
:•  ate,  and  be  distributed  by  them  to  the  persons,  officers,  cor- 
]  orations  and  societies  within  their  respective  counties  en- 
i  itled  to  the  same,  and  that,  until  so  distributed,  they  shall 
1  e  carefully  preserved  by  said  county  clerks  and  county  com- 

j  lissioners  of  schools.     That  the  accounts  for  boxes  furnished  Expense  of 

D  the  secretary  of  state  for  package  and  distribution  shall 

1  e  audited  and  allowed  by  the  board  of  state  auditors  and 

1  aid  out  of  the  state  treasury,  and  the  expense  of  transporta- 

ion  from  the  office  of  the   secretary  of  state  to  the  -county 

•  lerks  and  county  commissioners  of  schools,  and  of  distribu- 
ion  by  them  to    the  persons  entitled  to  the  same,    shall  be 

.  udited  and  allowed  by  the  boards  of  supervisors  and    paid 

<  ut  of  the  county  treasuries. 

(500)     §  851.  "  SEC.  33.     It  shall  be  the  duty  of  the  several 

<  ounty    clerks  and   county    commissioners  of  schools,    upon  state* 
]  eceiving  any  of  the  books  mentioned  in  this  act,  to  receipt  to 

he  secretary  of  state  for  the  same,  which  receipt  shall  be 

iled  and    preserved  in  the  office  of    the  secretary  of    state; 

and  it  shall  also  be  the  duty  of  the  said  county  clerks  and 

county  commissioners  of  schools  to  distribute  said  books  a< 

>rovided    in  this  act,    and  to  report  at    the  expiration  of    a 

month  after  each  reception  of  books  to  the  secretary  of  state, 

on  blanks  furnished  by  him,  by  giving  a  full  statement  of  all 

of  said  books  remaining  in  his  office,  together  with  the  names 

of  the  officers  neglecting  to  call  for  the  books  to  which  they 

.ire  entitled;  and  it  shall  be  the  duty  of  all  persons,  officers, 

•  wporations  and  societies,  upon   receiving  any  of  the  book> 
ncntioned  in  this  act,  to  receipt    respectively  to  the  county 

'•lerk  and  county  commissioner  of  schools  for  the  same,  which 
receipt  shall  be  filed  and  preserved  in  the  office  of  the  county 
•lerk  and  county  commissioner  of  schools  respectively.  It  Notification 
<hall  also  be  the  duty  of  the  secretary  of  state  to  notify  each  o7stateetary 
person  to  whom  any  books  are  sent,  except  township  officers, 
either  directly  or  in  care  of  the  county  clerk,  which  are  re- 
quired by  this  act  to  be  kept  in  any  library  or  passed  over 
to  any  successor  in  office,  and  that  each  person  receiving  such 
notice  shall,  within  a  reasonable  time,  apply  to  the  county 
clerk  for  the  books  mentioned  in  this  notice,  if  such  books 
were  sent  to  the  county  clerk,  and  obtain  the  same;  and  if 
such  books  have  been  received  by  the  county  clerk  and  are 
not  called  for  as  aforesaid,  such  person  thus  notified  shall  be 
held  responsible  in  the  same  manner  and  to  the  like  extent 
as  in  the  case  of  his  neglect  or  refusal  to  deliver  over  to  his 
successor  books  received  by  him.  except  that  hooks  sent  for 
ie  use  of  township  officers  may  be  sent  to  either  the  town- 


the  use  of 


29 


226 


STATE  OF  MICHIGAN. 


ship  clerk  or  county  clerk,  when  the  secretary  of  state  shall 
notify  the  township  clerk,  who  shall  draw  all  of  the  books  for 
the  officers. of  his  township  and  distribute  the  same. 

Section  341  provides  that  each  city,  village,  township  -and  county  officer 
shall,  when  he  ceases  to  hold  such  office,  deliver  over  to  his  successor  in  of- 
fice all  such  books  received  by  him  which  are  required  by  this  act  to  be  placed 
in  his  library. 

CUSTODY  OF  RECORDS:     See  Murta  v.   Carr.   140/606. 


Lists  of 
pamphlets, 
documents, 
etc. 


Selection  of 
such  as  have 
educational 
value. 


Transmission 
of  selections. 


Transmission 
of  pamphlets, 
etc.,  to 
schools. 


Proviso, 
printing  of 
additional 
copies. 


An  Act  to  provide  for  the  dissemination,  publication  and  distribution 
to  school  districts  of  this  state  of  pamphlets,  documents,  books  and 
circulars  written,  compiled,  published  or  prepared  by  any  depart- 
ment of  state  government,  or  by  any  institution  maintained  in  whole 
or  in  part  by  this  state. 

[Act  265,  P.  A.  -1)9115.] 

The  People  of  the  State  of  Michigan  enact: 

(510)  §  5839.     SECTION  1.     On  or  before  the  first  day  of 
October,  nineteen  hundred  fifteen,  and  on  or  before  the  first 
day  of  every  month  thereafter,  it  shall  be  the  duty  of  the  head 
of  every  department  of  state  government,  and  all  other  insti- 
tutions maintained  in  whole  or  in  part  by  this  state,  to  pre- 
pare and  transmit  to  the  superintendent  of  public  instruction 
a  detailed  list  of  all  pamphlets,  documents,  books  and  cir- 
culars compiled,  published  or  prepared  by  such  department 
or  institution. 

(511)  §  5840.    igEC.  2.     On  or  before  ten  days  after    re- 
ceipt by  the  superintendent  of  public  instruction  of  the  lists 
prepared  and  transmitted  in  compliance  with  the  provisions 
of  section  one  of  this  act,  it  shall  be  the  duty  of  the  superin- 
tendent of  public  instruction  and  the  secretary  of  the  public 
domain  commission,  to  convene  in  the  office  of  the  superin- 
tendent of  public  instruction  and  there  examine  said  lists  and 
select  therefrom  such  pamphlets,  documents,  books  and  cir- 
culars as  they  deem  have  an  educational  value.     After  the 
examination  and  selection  as  provided  herein,  it  shall  be  the 
duty  of  the  superintendent  of  public  instruction  and  the  sec- 
retary of  the  public  domain  commission  to  transmit  to  the 
head  of  each  department  and  institution,  a  list  of  the  selec- 
tions made  from  the  lists  transmitted  by  the  heads  of  such 
departments  or  institutions.     Upon  receipt  of  this  selected 
list  by  the  heads  of  such  departments  or  institutions,  it  shall 
be  their  duty  to  transmit  such  pamphlets,  documents,  books 
and  circulars  as  may  be  necessary  to  -supply  the  school  dis- 
tricts of  the  state,  to  the  superintendent  of  public  instruction 
and  'he  shall  apportion  and  transmit  such  pamphlets,  docu- 
ments, books  and  circulars  to  the  school  districts,  to  be  the 
property  of  the  school  library :     Provided,  That  the  heads  of 
the  state  departments  and  the  heads  of  the  state  institutions 
mentioned  in  section  one  of  this  act  are  hereby  authorized  and 
required  to  have  printed  such  additional  copies  of  all  pain 


GENERAL   SCHOOL  LAWS.  227 

lilets,    documents,  books  and    circulars  as  may  be    required 
or  distribution  under  section  two  of  this  act. 

.n  Act  to  provide  for  the  establishment  and  maintenance  of  rural 

high    schools. 

Th 


RURAL  HIGH  SCHOOLS. 


[Act   144.  P.   A.   1901.] 

7ic  People  of  the  State  of  Michigan  enact: 


iTtl'2)     §  50.°)4.     SKCTION  1.     The  township   board   of    any  Petition  of 
ownship,  not  having  within  its  limits  an  incorporated  village  ta 
•r  city,  upon  the  petition  of  not  less  than  one-third  of  the  tax- 
>ayers    of  such   township  for  the    establishment  of  a    rural 
ligh  school,  or  for  the  discontinuance  of  any  rural  high  school 
stablished  under  the  provisions  of  this  act,  shall  submit  such  Submit  vote 
liiestien  to  a  vote  of  the  qualified  electors  of  said  township  flection? 
it  a  special  election  called  for  that  purpose  within  sixty  days 
rom  date  of  receipt  of  said  petition. 

(513)     if  :,!»:;:,.     SEC.  2.     All     elections    ordered    by     any  gecUons  held 
ownship  board  in  pursuance  of  section  one  of  this  act  shall  place. 
»e  held  at  the  usual  place  or  places  of  holding  township  elec- 
ions,  and   notice  shall  be  given  and  the  election  conducted  Notice  given. 
n  all  respects  as  provided  bv  law  for  the  election  of  township  Election, how 
..Ulcers,  and  the  ballots  shall  have  printed  thereon  "for  rural  a 
ligh  school — Yes."     "For  rural  high  school — No,"  or  in  the 
•ase   <>f   the  discontinuance   of  any   rural  high  school  estab- 
ished   under  the  provisions  of  this  act,  "For  discontinuance 
of  rural  high    school— rYes."     "For  discontinuance  of    rural 

Jh  school — Xo." 
.">!  t )     §  r»!i:;ii.     SEC.  3.     If  more  votes  are  cast  in  favor  of  g°jJJ^Jf 
h  high  school  than  against  it  at  such  election,  the  qualified  elected.' 
^lectors  of  said  township  shall  elect  at  their  next  annual  elec-  office8 oi 
ion  of  township  officers  a    board  of  trustees    of  three   mem- 
bers, one  for  one  year,    one  for  two  years  and   one  for  three 
; fears,  and  on  the  expiration  of  their  terms  of  office  and  regu- 
arly  thereafter  their  several  successors  shall  be  elected  in  like 
nanner  for  a  term  of  three  years  each:     Provided,  That  when 
i  rural  high  school  shall  have  been  established  by  the  electors 
)f  any  township,  the  tirst   election  of  such  trustees  may  be 
ordered  by  the  township  board  to  be  held  at  any  time  after 
rhe  ten  days'  legal  notice  of  such    election    shall   have   been 
.riven.     The  township  clerk  shall  be  ex-oflficio  member  and  the  Ex^fficio 
:lerk  of  the  board   and   the  township   treasurer  shall  be  ex-  E 
»tlicio  member  and  treasurer  of  the  board,  with  the  same  pow- 
•3r  as  other  members  of  the  board.      If  two-thirds  of  the  votes 
•cast  are    in  favor  of  the    discontinuance  of  any  rural    high  high  school? 
school,  such  rural    high  school  shall  be  discontinued    in  the 


228  STATE  OF  MICHIGAN. 


.same  manner  as  is  provided  by  law  for  the  discontinuance 
of  district  schools. 

Board  of  (515)     §5937.     SEC.  4.     Said  board  of  trustees  shall  meet 

meetings.  °n  the  third  Monday  in  April  of  each  year  and  organize  by 
electing  one  of  the  trustees  as  president.  Regular  meetings 
of  the  board  shall  be  held  on  the  second  Mondays  of  May, 
August,  November  and  February  in  each  year.  Special  meet- 
ings may  be  called  upon  five  days'  notice  by  the  president  or 
powers.  secretary.  The  board  shall  have  power: 

(a)  To  supervise  and  visit  the  school; 

(b)  To  admit  all  children  of  the  township  above  the  sixth 
grade  and  to  admit  and  provide  rates  of  tuition  for  non-resi- 
dent pupils  if  they  so  elect;  but  nothing  in  this  act  shall  be 
so    construed  as  to   limit  the  operation  of  the  laws  of   this 
state  relative  to  the  compulsory  education  of  children,  or  the 
liability  of  children  to  attend  school  thereunder,  and  it  shall 
be  the  duty  of  the  officers  charged  by  law  to  enforce  the  pro- 
visions of  said  laws  relative  to  the  compulsory  education  of 
children,  to  enforce  in  like  manner  the  attendance  at  such 
high  schools  of  children  admitted  to  attendance  thereat  under 
the  terms  of  this  act; 

(c)  To  select  and  adopt  text-books; 

(d)  To  appoint  legally  qualified  teachers; 

(e)  To  fix  wages,  make  general  rules  and  regulations  for 
the  control  of  the  school,  suspend  or  expel  pupils,  fix  the 
time  of  school  which  will  not  be  more  than  ten  months   nor 
less  than  seven  in  any  one  year; 

(f)  To  rent  or  to  purchase  and  hold  real  estate  for  such 
township  high  school,  build  and  furnish  schoolhouses,  deter- 
mine  location  of  grounds    and  building,    which  shall  be   as 
near  the  center  of  the  township  as  practicable,  according  to 
•sanitary    conditions,  and  to  receive    and  hold  bequests    and 
gifts  for  the  benefit  of  the  school,  and  to  dispose  of  property 
belonging  to  the  district  subject  to  the  provisions  hereinafter 
named ; 

(g)  To  provide  a  course  of  study  which  shall  be  approved 
by  the  superintendent  of  public  instruction  and  the  president 
of  the  Michigan   agricultural  college,  and  shall  not    consist 
of  more  than  four  years'  work ;  said  course  of  study  may  in- 
clude instruction  in  manual  training,  domestic  science,  na- 
ture study  and  the  elements  of  agriculture ; . 

(h)  To  estimate  and  vote  the  amount  of  tax  necessary  to 
support  the  school  at  a  meeting  previous  to  October  first  in 
each  year  and  report  the  same  to  the  supervisor,  which 
amount  shall  be  spread  upon  the  tax  roll  the  same  as  other 
district  taxes,  and  in  their  discretion  borrow  money  for  cur- 
rent expenses,  which  amount  shall  not  exceed  fifty  per  cent 
of  the  amount  of  tax  voted; 

(i)  To  publish  annually  in  one  newspaper  of  the  town- 
ship or  county  a  statement  of  the  proceedings  of  the  board 
meetings  and  an  itemized  account  of  all  receipts  and  expenses, 
and  file  a  copy  of  the  same  in  the  office  of  the  county  school 


GENERAL  SCHOOL  LAWS.  229 

miissioner  and  state  superintendent  of  public  instruction 
\  ithin  sixty  days  of  the  date  of  publication  of  the  same; 

(j)  To  call  special  elections  or  meetings  of  the  township, 
f  necessarx .  to  vote  on  the  amount  of  money  to  be  raised  for 
he  purchase  <»!'  grounds  ami  erection  of  buildings  and  for 
m-li  other  purposes  as  may  be  necessary  within  the  authority 
»f  ilie  provisions  of  this  act  or  of  the  general  school  laws. 

ir.HJi      ^  .V.C'.S.     Si:c.  r>.     The  secretary  of  the  board  shall  Salary  of 
•eceive  not  to  exceed  fifty  dollars  per  annum  for  his  services.  M 
.'t  shall  be  his  duty  to  keep  the  records,  provide  supplies,  visit  Duty  of 
:he  school  and  make  annual  reports  to  the  school  board,  the  w 
•oiin ly  school  commissioner  and  the  state  superintendent  of 
nblic  instruct  ion,  in  such  form  as  the  superintendent  of  pnb- 
inst  ruction  shall  direct. 

(517)     §  r>!):;!).     Si:<\  G.     All  orders  on   the  treasurer  for  orders  for 
oneys  shall  be  ordered  by  the  board  and  signed  by  the  secre-  r 
lary  and  president. 

|.~»1S)      £  r>!»lo.     SKC.  7.     A   majority   of   the  taxpayers  of  Limit  of 
the  township  shall  determine  the  amount  to  be  expended  in  b< 
the  grounds  and  building  of  said  school  and  may  bond  the 
township  for  such  amount:     Provided,  That  the  amount  of  Proviso. 
<:\\(\  bonds  shall  not  exceed  five  thousand  dollars,  and  that 
the  period  of  such  bonds  shall  not  continue  beyond  ten  years. 

(510)     §  5941.     SEC.  8.     The  high  schools  established  un-  under  super- 
del-  the  provisions  of  this  act  shall  be  under  the  supervision  mLsionerCOn 
of  the  county  commissioner  of  schools,  and  all  questions  of 
management,    support  and  control    arising  under  the   provi- 
sions oi  this  act  and  not  expressly  provided  for  therein  shall 
be  subject  to  the  provisions  of  the  general  school  laws  of  this 

te. 

.      K.iM'iilin-  clause. 


:: 


INFOIIMATION  IM;<;AIM>IN<;  LIISIJAIMKS. 


Act  to  secure  information  regarding  all  public  or  school  libraries 
in  this  state. 

[Art   134,   P.   A.   H9O3.] 

Tin-   /Vo/»/r  of  tlir  Xhilr  oj  Mirltu/tin   enact: 
§li:):i.       Si:<-no\    1.      Hereafter  it  shall  be  the  duly  Librarian  to 


of  the  librarian  of  any  and  all  public  libraries,  including  town- 
ship,  school  district,  village  or  city  libraries,  to  make  an  an- 
nual report  regarding  the  location,  condition  and  support  of 
said  library  to  the  county  commissioner  of  schools  on  or  be- 
fore the  thirtieth  day  of  June  in  each  year. 

i.VJl)      §  lir>.|.     SKC.  2.     It  shall  be  the  duty  of  the  county  Towhom 
commissioner  of  schools  in  each  county,  immediately  after  missione?3" 
receiving  the  reports  from  the  several  libraries  in  his  county 
and  before  the  tirst  day  in  September  of  each  year,  to  trans- 


230 


STATE  OF  MICHIGAN. 


mit  to  the  secretary  of  the  state  board  of  library  commis- 
sioners at  Lansing  a  complete  list  of  all  the  libraries  other 
than  personal  libraries  within  his  county,  together  with  the 
several  reports  provided  for  in  section  one  of  this  act,  blanks 
for  reports  in  both  instances  to  be  furnished  by  the  board  of 
library  commissioners. 

Sec.  3  repeals  Act  199,  P.  A.  1901. 


Payment  of 
tuition. 


Proviso, 
notice. 


Proviso. 


PAYMENT  OF  TUITION  OF  EIGHTH  GRADE    PUPILS. 

An  Act  to  provide  for  the  payment  of  tuition  in  and  transportation  to 
another  district,  of  children  who  have  completed  the  eighth  grade 
in  any  school  district;  and  to  repeal  act  number  one  hundred  ninety 
of  the  public  acts  of  nineteen  hundred  three,  and  all  other  acts  and 
parts  of  acts  in  anywise  contravening  the  provisions  of  this  act. 

[Act   615,   P.   A.    1909.] 

The  People  of  the  State  of  Michigan  enact: 

(522)  §  5830.  SECTION  1.  The  district  board  or  board  of 
education  of  any  school  district  which  does  not  maintain  a 
high  school,  shall  have  authority  and  is  hereby  required  to 
vote  a  tax  sufficient  to  pay  the  tuition  to  any  high  school 
which  is  approved  by  the  superintendent  of  public  instruc- 
tion, of  any  children  of  school  age,  residents  of  said  district 
at  the  time  of  giving  notice  as  hereinafter  provided,  who  have 
completed  the  studies  of  the  eight  grades  not  exceeding  in 
amount  -the  per  capita  cost  per  year  based  on  the  average  en- 
rollment for  the  preceding  school  year  in  the  high  school 
where  said  children  may  attend,  but  in  no  case  shall  said 
amount  exceed  sixty  dollars  per  pupil,  per  year,  unless  the 
voters  appropriate  a  larger  sum  at  the  annual  school  meet- 
ing, or  at  a  special  meeting  called  for  that  purpose,  and  may 
vote  a  tax  to  pay  the  transportation  during  school  days  of 
such  children,  such  tuition  to  be  paid  by  the  treasurer  of  the 
district  in  which  the  pupil  resided  at  the  time  of  giving  the 
notice  herein  provided,  to  the  treasurer  of  the  district  where 
the  high  school  attended  is  located:  Provided,  That  a  par- 
ent or  the  legal  guardian  of  such  children,  or  the  person  in 
parental  relation  to  such  children,  shall  give  written  notice  to 
the  district  board  or  board  of  education  on  or  before-  the 
fourth  Monday  of  June,  that  such  children  desire  to  attend 
any  high  school  during  the  ensuing  year.  Upon  receiving 
written  notice  of  children  eligible  to  attend  high  schools,  the 
district  board  or  board  of  education  shall  vote  a  tax  sufficient 
to  cover  the  necessary  expense  for  tuition  as  herein  provided, 
and  may  vote  a  tax  sufficient  to  cover  the  necessary  expense 
for  daily  transportation  of  such  children:  Provided,  That 
the  district  board  or  board  of  education  of  a  district  having 
sufficient  money  in  the  general  fund  may  pay  the  tuition  of 
those  who  have  completed  the  studies  of  the  eight  grades  as 


GENERAL  SCHOOL  LAWS.  231 

>vided  in  this  act  even  though  the  notice  required  lias  not 
>n  filed  in  due  time  by  the  parent,  legal  guardian,  or  other 
person  in  parental  relation  to  such  children,  and  the  distriri 
board  or  board  of  education  of  a  township  school  distriri 
maintaining  a  legal  high  school  as  provided  in  this  act  may 
pay  the  tuition  of  its  eighth  grade  graduates  to  some  other 
legal  high  school  if  in  the  judgment  of  said  board  the  educa- 
tional interests  of  such  eighth  grade  graduates  will  be  better 
served :  Provided,  That  any  surplus  moneys  in  the  treasury  proviso, 
of  said  district  belonging  to  the  primary  fund  may  be  used  in 
paying  necessary  tuition  in  lieu  of  a  tax  therefor :  Provided,  Proviso. 
That  the  per  capita  cost  herein  referred  to  shall  not  be  in- 
terpreted to  include  the  cost  of  sites,  school  buildings,  and  the 
repairs  on  the  same. 

Am.  1917.  Act  11 ;  1919,  Act  59  ;  1021;  Act  79. 


. 


(523)  §  5831.     SEC.  2.     The  tax  provided  for  in  section  Tax  to  be 
e  of  this  act  shall  be  reported  to  the  clerk  of  the  township  re 

in  which  such  district  is  located  and  shall  be  spread  upon  the 
tax  roll  of  such  township  in  the  same  manner  and  at  the  same 
time  as  other  school  taxes. 

Section  3  repeals  Act  190  of  1903. 

(524)  §  5833.     SEC.  4.     A  high  school  shall  be  a  graded  Hjgh«*ooi 
school  maintaining  twelve  grades  of  work  with  at  least  three 
teachers  devoting  their  entire  teaching  time  to  the  work  of 

the  seventh,  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades, 
or  two  teachers  devoting    their  entire  teaching  time   to  the 
work  of  the  eighth,  ninth,  tenth,  eleventh  and  twelfth  grades: 
Provided,  That  a  graded  district  having  a  course  of  at  least  Proviso,  ten 
ten  grades  .with  one  teacher,  devoting  his  entire  teaching  time  gl 
to  the  eighth,  ninth  and-  tenth  grades,  shall  not  be  obliged 
to  pay  the  tuition  of  its  pupils  to  a  twelve  grade  school  until 
such  pupils  have    finished  ten  grades  of  work  in  their    own 
district :     Provided  further,  That  the  district  board  in  a  pri   Fl]rl[||;;)r 
mary  school  district  may  pay  the  tuition  of  its  pupils  who  l" 
have  satisfactorily  passed  the  county  eighth  grade  examina- 
tion as  hereinafter  specified  to  a  graded  school  district  main- 
taining ten  grades  of  work  for  a  period  not  exceeding    two 
school  years,  after  which  the  tuition  of  such  children  shall  be 
aid  to  a  high  school  as  provided  in  this  act. 

(525)  ji  .~>s:>4.     SEC.  5.     Pupils  eligible  to  have  their  tui- PUI.MS 
paid  shall  be  the  holders  of  county  eighth  grade  diplomas  H 

granted  by  the  county  boards  of  examiners  in  the  several 
counties  under  rules  and  regulations  prescribed  by  the  super- 
intendent of  public  instruction,  or  shall  have  completed  eight 
grades  of  work  in  a  graded  school  district  as  evidenced 
the  written  statement  of  the  superintendent  of  schools  in 
aded  school  district. 


232 


STATE  OP  MICHIGAN. 


An  Act  to  enable  district  boards  and  boards  of  education  to  pay  tuition 
to   another   district. 

[Act  21,  P.  A.  1913.] 
The  People  of  the  State  of  Michigan  enact: 

neuares?to  ^^     §5835.     SECTION  1.     The  district  board  or  board  of 

school.  education  in  all  primary,  graded  and  township  unit  districts 

of  the  state  may  use  money  in  the  general  fund  of  said  dis- 
trict for  the  purpose  of  paying  tuition  to  some  other  district 
or  districts,  of  children  who  have  not  completed  eight  grades 
of  work,  in  cases  where  such  children  are  nearer  to  the  school- 
house  in  another  district  than  to  the  schoolhouse  in  their  own 
district,  and  may  vote  a  tax  for  such  purpose. 


CHILDREN  OF  INDIGENT  PARENTS. 


An  Act  to  provide  means  whereby  children  of  indigent  parents,  within 
school  age,  may  attend  school. 


Truant 
officer  may 
investigate. 


Relief  may  be 
granted. 


Amount  paid 
to  family. 


[Act 


,  P.  A.  Ii911.] 


The  People  of  the  State  of  Michigan  enact: 

(527)  §  5989.     'SECTION  1.     Any    truant    officer    of    this 
state  when  authorized  by  the  board  of  education  to  investi- 
gate, and  when  satisfied  that  any  child  within  his  jurisdiction, 
required  by  law  to  attend  school,  is  unable  so  to  do  by  rea- 
son of  the  fact  that  the  services  of  such  child  are  absolutely 
required  for  the  support  of  himself  or  herself,  or  to  assist 
in  the  support  or  care  of  others  legally  entitled  to  his  or  her 
services,  such  person  or  persons  being  unable  to  support  or 
care  for  themselves,  such  truant  officer  shall  report  the  case 
to  the  board  of  education  of  the  school  district  in  which  such 
child  may  reside,  and  such  board  of  education  shall  be  author- 
ized to  and  may  in  their  discretion  grant  such  relief  as  will 
enable  the  child    to  attend  school    during  the  entire    school 
year.      In   all  cases  where  such   relief  is  necessary   the  said 
board  of  education  shall  be  authorized  to,  and  may  in  their 
discretion,  furnish  to  such  child  the  necessary  text-books  free 
of  charge,  in  addition  to  such  other  necessary  assistance  or 
support. 

(528)  §  5990.     SEC.  2.     For  the  purposes  in  this  act  pro- 
vided such  -board  of  education  shall  pay,  during  the  school 
year,  to  the  family  of  such  child  a  (sum  not  to  exceed  three 
dollars  a  week,  nor  more  than  six  dollars  a  week  for  the  chil- 
dren of  any  one  famity.     'Said  money  shall  be  paid  in  the 
same  manner   and  out  of  the  same   fund  as  are  the   current 
expenses  for  the  maintenance  of  public  schools. 


.- 

i  re'!))     § 


GENERAL  SCHOOL  LAWS.  233 


§  5991.     SEC.  3.     It  shall  be  the  duty  of  the  truant 

<  h'cer  or  treasurer  of  the  school  board  in  any  district  where mda by 
{i   child    is  receiving  aid   under  the  provisions  of  this  act  totruanto 

<  sburse    the    funds   herein    provided    for,   and   to   investigate 
1  ie  environment  of  the  child,  and  to  make  an  itemized  report 
i   out  lily  to  the  school  hoard  or  some  officer  appointed  by  the 
1   >ard,   of   the  manner  in   which   such   funds  were  expended: 

I  rovided.  That   in  cilics  having  a  juvenile  court  such  investi-  Proviso. 
i  it  ion  shall  be  made  by  such  court. 

(530)      $.")!>!»:.».     SK<;.  4.     The    truant    officer   shall    notify  MontWye- 
1  ie  teacher  to  whom  any  child  receiving  aid  under  the  pro-  SSdeby 
\  isions  of  this  act  may  be  assigned,  and  it  shall  be  the  duty  teaoher- 
c  f  the  teacher  having  charge  oi'  such  child  to  report  monthly 
t  )  the  school  board  through  the  superintendent  of  schools,  the 
]  rogress  such  child  is  making  in  his  or  her  school  work,  and 
t  ie  record  of  attendance  together  with  such  other  informa- 
t  on  as  may  be  deemed  necessary.     Said  truant  officer  shall 
i  sceive  the  same  compensation  for  the  time  so  engaged  under 
lie  provisions  of  this  act  as  he  receives  for  similar  services 

•formed  by  him  and  shall  be  paid  in  the  same  manner. 


1   NTY    NORMAL  THAI  NINO    TLASSKS. 

n  Act  for  the  establishment  of  county  normal  training  classes  and 
for  the  maintenance  and  control  of  the  same. 


[Act  2*1,  P.  A.  1903.] 

Tin-  I'<  »]>!<•  o/  the  tftatr  of  Michigan  enact: 


i."»:;ii     £  r>!Mo.     SECTION  1.    Upon  the  notification  by  the  when  permit 
I  oard  of  education  of  a  district  in  a  county  not  having  a  tc 

state  normal  school  within  its  borders,  that  the  district  and 
the  board  of  supervisors  of  the  county  have  voted  to  estab- 
lish a  county  normal  training  class,  the  state  superintendent 
<f  public  instruction    may,  subject  to  the    provisions  herein 
named,  grant    permission    to  establish,  maintain   and  control 
{.  county  normal  training  class  for  the  purpose  of  giving  free 
instruction   and    training  in   the  principles  of  education  and 
methods  of  teaching  to  residents  of  the  county:     Provided,  Proviso, 
"hat  in    any  city  of  this  state,    having  a  population    of  two" 
hundred  fifty  thousand  or  over  and  comprising  a  single  school 
district,   the  board  of  education   of  said   district,  instead  of 
the  legal  voters  of  the  district,  shall  have  the  authority  to  vote 
ablish   a   county  normal    training  class  within   said   dis- 
trict:    1'rovidisl,  That   but   one   such   training  class  shall    be  Pro\i«>. 
established   in  any  county:     And   provided    further.  Thai    not  Furthfr 
more   than    ten   such   classes  shall   be  established   in   the  state pro 
in  any  one  year. 

KM  I).    Act   158. 


234 


STATE  OF  MICHIGAN. 


County  nor- 
mal board, 
how  con- 
stituted. 


Proviso. 


Normal  board 
duties  of. 


Certificate  of 
graduation. 


Proviso,  rural 

agricultural 

school. 


Proviso. 


Renewal,  etc. 


Normal  train- 
ing classes, 
maintenance 
of. 

Districts 
establishing, 
what  to 
furnish. 


Teachers' 
salaries, 
appropriation 
for. 


(532)  §  5944.     SEC.  2.     The  superintendent  of  public  in- 
struction together  with  the  county  commissioner  of  schools 
of  the  county    and  the  superintendent   of  the  schools  in    the 
district  in  which  a  normal  training  class  has  been  established 
under  the  provisions  of  this  act,  shall  constitute  the  county 
normal  board :     Provided,  That  in  case  the  superintendent  of 
the  schools  of  the  district  is  also  commissioner  of  schools  of 
the  county  the  board  of  education  of  the  district  shall  select 
the  third  member  of  the  county  normal  board. 

(533)  §  5945.     SEC.  3.     The  duties  of  the  county  normal 
board  shall  be  as  follows: 

First,  To  determine  the  qualifications  for  admission  to  the 
county  normal  training  class; 

Second,  To  establish  a  one-year  course  of  study  to  be  pur- 
sued, a  year  to  consist  of  not  less  than  thirty-two  weeks  of 
five  days  each; 

Third,  To  grant  certificates  of  graduation  to  such  persons 
as  finish  the  course  adopted  above,  in  such  form  as  the  super- 
intendent of  public  instruction  shall  prescribe. 

(534)  §  5946.     SEC.  4.    The  certificate  of  graduation  shall 
qualify  the  holder  to  teach  in  the  public  schools  as  follows : 

First,  The  certificate  of  graduation  shall  qualify  the  holder 
to  teach  for  three  years  from  date  of  issue  in  any  school 
employing  not  more  than  two  teachers,  in  the  county  in  which 
the  county  normal  training  class  is  situated:  Provided,  That 
the  certificate  of  graduation  shall  also  qualify  the  holder  to 
teach  in  any  rural  agricultural  school  district  organized  un- 
der the  provisions  of  act  number  two  hundred  twenty-six  of 
the  public  acts  of  nineteen  hundred  seventeen,  as  amended, 
and  in  the  one  room,  two  room,  and  rural  agricultural  schools 
established  in  any  township  school  district  in  said  county, 
or  in  primary  or  graded  school  districts  not  containing  an 
incorporated  city  or  village:  Provided,  That  any  certificate 
shall  become  valid  as  above  specified  in  any  other  county 
when  endorsed  by  the  authority  that  grants  certificates  in 
such  county; 

Second,  A  certificate  of  graduation  may  be  renewed  or 
revoked  by  a  majority  vote  of  the  county  normal  board. 

Am.   1921,  Act  82. 

(535)  §  5947.    'SEC.  5.     For  the  purpose  of  maintaining 
such  normal  training  classes  as  are  herein  prescribed,  it   is 
further  provided: 

First,  That  the  district  receiving  permission  to  establish 
a  county  normal  training  class  shall  provide  teachers,  and 
rooms  with  heating  and  equipment  satisfactory  to  the  super- 
intendent of  public  instruction,  and  said  board  shall  include 
in  the  expense  budget  of  the  district  such  sum  as  may  be 
necessary  for  these  purposes; 

Second,  That  the  auditor  general  annually,  on  or  before  the 
thirtieth  day  of  June,  upon  the  certificate  of  the  superinten- 
dent of  public  instruction  that  the  equipment  and  instruction 


<  '  aiiv  eon: 


GENERAL  SCHOOL  LAWS.  235 


any  county  normal  training  class  has  been  satisfactory, 
h  lall  draw  his  warrant  on  the  state  treasurer  in  favor  of  the 
1  •easurer  of  the  district  board  or  the  board  of  education  of 
1  ie  district  maintaining  such  normal  training  class  1o  the 
j  mount  of  six  hundred  dollars  for  each  teacher  employed  in 
i  ie  training  school,  to  be  paid  out  of  the  general  fund:  Pro-  rn>\iM>. 
A  ded.  That  in  no  case  shall  the  total  of  such  appropriation  ex 

<  ?ed  twelve  hundred  dollars  in  any  county 'during  any  school 

Third,  In  any  district  establishing  a  county  normal  train- Cost  of 
i  ig  class,  the  board  of  education    shall,  previous  to  the   first instructlon- 

<  ay  of  October  in  each  year,  estimate  the  cost  of  instruction 
I  >r  the  current  year  in  the  county  normal  training  class,  and, 

<  educting  therefrom  the  amount  appropriated  by  the  forego- 
i  ig   provisions  of  this  act,  report   the  balance  to  the   county 
(  lerk  on  or  before  the  first  day  of  October; 

Fourth,  At  its  October  session,  the  board  of  supervisors  Appropriation 
{•hall  appropriate  out  of  the  general  fund  of  the  county  one-  or' 
1  alf  of  the  balance  clue  for  instruction,  as  shown  by  the  afore- 
s  lid  report  to  the  county  clerk,  which  amount  shall  be  as- 
*3sscd  and   collected  at  the  same  time  and  in  the  same  man 
i  er  as   the  other  county   taxes:     Provided,  That  in  no  case  Proviso. 
shall  such  appropriation  made  in  any  county  exceed  one-half 
1he  amount   appropriated  by  the  state  according  to  the  pro- 
Aisions  of  this  act.     The  money  so  raised  shall  constitute  the 

<  ounty  normal  fund. 

Am.    1017,   Act   217. 

(50r,  i     £  r>948.     SEC.  0.     On  or  before  the  thirtieth  day  of  §°™{J^joncr 
•lune  of  each  year,  it  shall  be  the  duty  of  the  county  co-minis-  duty  of. 
sioner  of  schools  to  certify  to  the  county  clerk  the  balance 
1  etween  the    total  cost  of  instruction    for  the  current    year 
and  the  amount  appropriated  by  the  auditor  general.     Upon  when  clerk  to 
i-T.'ipt  of  such     eertilicate,  the  county  clerk  shall    draw  an    ' 
rrder  for  one-half  of  the  said  balance  upon  the  county  treas- 
i  rer  in  favor  of  the.  treasurer  of  the  board  of  education  of  the 

<  istrict    establishing  the    normal  training    class:     Provided,  Proviso. 
Vhat  such  order  shall    not  exceed  the  amount   appropriated 

ly  the  board  of  supervisors  according  to  the  provisions  of  this 
set 

i ."»::?  i     i;  .V.HI).     SEC.  7.     All    moneys    remaining    in     the  Disposal  of 
(ounty  normal  fund  upon  the  first  of  September  of  each  year  of?undder 
shall  he  returned  to  the  general  fund  of  the  county. 


236 


STATE  OF  MICHIGAN. 


TRADE,  VOCATIONAL,    INDUSTRIAL,  MARINE,    ETC., 

SCHOOLS. 


Authority  to 
establish,  etc. 


To  acquire 
sites,  build- 
ings, etc. 


Legacies,  etc. 


Endowment 
funds. 

Certain 
actions 
legalized. 


An  Act  empowering  school  districts  in  the  state  of  Michigan  to  estab- 
lish and  maintain  trade,  vocational,  industrial,  marine  and  manual 
training  schools,  school  gymnasiums  and  scholarships,  and  to  accept 
gifts,  legacies  and  devises. 

[Act  2(2,   P.   A.   1911.] 

The  People  of  the  State  of  Michigan  enact: 

(538)  §  5950.     'SECTION  1.     Any  school  district,  with  the 
consent  of  <a  majority  of  the  qualified  electors  voting  at  any 
annual    meeting  of  such    district  or  at   any  special    meeting 
thereof  duly  called  for  the  purpose,  shall  through  its  school 
board  have  power  to  establish,  conduct  and  maintain  trades 
industrial,  marine,  vocational  and  manual  training  schools 
and  school  gymnasiums  within  said  school  district;  to  con- 
trol and    classify  and  to  restrict  the    number  of  pupils    and 
the  terms  of  their  attendance  therein ;  to  prescribe  the  course 
of  studies  and  work    and  to  employ  the  necessary    teachers 
and  instructors  therein;  to  acquire  the  necessary  sites;  to 
.acquire,  construct  and  provide  the  necessary  buildings  and 
equipments,  books  and  supplies  therefor;  to  defray  the  cos  I 
and  expense  thereof  by  general  tax  upon  the  taxable  properly 
of  said  school  district,  and  to  issue  the  bonds  of  said  school 
district  to  meet  iany  temporary  loans  required  for  any  of  the 
purposes  aforesaid. 

(539)  §  5951.     SEC.  2.     Said  school  district  with  the  like 
consent  shall  through  its  school  board  have  power  to  accept 
and  use,  care  for,    control,  invest  and  keep    invested  as  per- 
manent funds  any  gifts,  legacies  or  devices  whatsoever  hereto- 
fore or  hereafter  made  to  'said  school  district  for  any  of  said 
above  named  purposes,  or  for  university  or  college  scholar- 
'ships  or  for  general  school  objects,  and  to  carry  into  effect 
the  terms  and  conditions  thereof.     All  permanent  and  endow- 
ment funds  shall  be  under  the  control  of  said  school  board. 
Any  action  of  said  school  district  and  of  its  school  bo«ard  here- 
tofore taken  with  respect  to  any  gifts,  legacies  or  devises  al- 
ready made  to  said  school  district  for  trade  and  industrial 
school  and  scholarship  purposes  is  hereby  legalized. 


GENERAL  SCHOOL  LAWS. 


>NTi;oL,  CT<\.  OF  CKK'TAIN"  COLLKdK  OF  M  K!  >!<'!  \K 

AND  SFK<;I-:RY. 

Act  to  enable  the  board  of  education  of  cities  having  a  population 
of  two  hundred  and  fifty  thousand  or  over  and  comprising  a  single 
school  district,  to  take  the  control  and  management  of  a  college  of 
iu'dicine  and  surgery  and  give  other  courses  of  higher  education. 

[Act  109,  P.  A.  H91I9.] 
Tin-    /Vo/j/r   of   Uir    ,S'/f//r   of   M  icjiit/tl  H    nxirf  : 

(.">-! (h      SKCTIOX   1.     The  board   of  education   of    cities   h  a  v- Authority 
ing  a   population  of  two  hundred   and   tifty  thousand  or  over  Jjjjfjj 
and  comprising  a  single  school  district    may   lake  the  control  education. 
and   management   of  any   college  of  medicine  and   surgery    in 

Ke  cily  and  maintain  and  conduct    the  same, 
i. Ml  »      SKC.  l*.      In  connection  with  said  college  it  may  give  coirsosof 
urses  of  instruction   in  dentistry,   pharmacy,  chemistry  and  lnstruotion- 
other  similar  courses  of   higher  inst rurt  ion  such  as  are  com- 
monly given   in  like  institutions  in   the  Fnited   Stales. 

<r>l-!>      Si:c.  :i.      It   may  make  a  contract  wit  h  any  hospital,  May  contract 
either  within  or  without    the  city,  to  facilitate  and   promote  witb  hosi)lt:l1 

e  inst  ruction  given  to  the  students  of  said  college. 

i  r,  (:;  i  s !•:«'.  4.  It  may  combine  the  courses  of  said  college  combined 
»f  medicine  and  surgery  with  any  other  collegiate  courses,  it 
is.  or  may  he  authorized  to  give,  and  on  their  completion  con 
fer  such  decrees  and  grant  such  diplomas  as  are  usually  con- 
ferred and  »Tan led  bv  other  similar  institutions  in  the  United 
Stai. 

i~>lli      SKC.  r».      It  shall  have  the  right  in  connection  with  May  confer 

y  college  course,  any  university  course,  or  any  course  j ,,  Agrees,  etc. 
iglier  education,  which  it  is  or  may  be  authorized  to  furnish, 
to  confer  honors  and  degrees  and  grant  diplomas,  conditioned 
iip«>n  attainments  and  completion  of  courses  of  instruction, 
equivalent  in  time,  application  and  quality  of  study  and  in- 
struction, to  those  commonly  required  in  like  institutions  in 
ie  I'nited  States. 

i.~iir»i  Si:c.  <;.  It  shall  have  power  in  connection  with  any  i)js<-i]:im«>, 
ollege  course,  or  any  course  in  higher  education,  which  it  is 
or  may  be  authorized  to  furnish,  to  delegate  to  proper  otlicer* 
the  power  to  issue  and  enforce  orders  relative  to  the  g,».n| 
government  of  said  schools  and  the  discipline  and  conduct  of 
students,  and  it  also  shall  have  power  to  make  rules  and  regu- 
lations relative  to  the  hours  of  study,  and  the  conduct  of  stu- 
dents hoth  within  and  without  said  schools;  relative  to 
matriculation,  tuition  and  expense  Charges  and  anything 
whatever  that  may  advance  the  interests  of  education,  the 
good  government  and  prosperity  of  said  institutions  and  it 
may  exercise  these  powers  as  fully  and  completely  as  if  said 
institutions  were  privately  owned  and  controlled. 

i.")  hi  i      Si;c.  7.     It  may  give  to  any  college  it  is  or  may  be  Nameof 


;:;; 


M 

:: 


uthorized  to  establish  or  maintain  any   name  it   desires,  but  cc 


238  STATE  OF  MICHIGAN. 


it  shall  not  adopt  the  name  of  any  other  college  in  operation, 
nor  of  any  living  individual,  nor  shall  it  exercise  any  power 
herein  conferred,  except  in  the  manner  provided  by  law  for  its 
guidance. 

Sec.   8   declares    this  act  to  be  immediately  necessary   for  the  preservation 
of  the  public  peace,   health  and   safety. 


CERTAIN  PROCEEDINGS  VALIDATED. 

An  Act  to  cure  all  proceedings  and  action  taken  and  things  done  by  or 
on  behalf  of  the  free  schools  by  the  board  of  education,  or  its  officers, 
of  cities  having  a  population  of  two  hundred  fifty  thousand  or  over, 
and  comprising  a  single  school  district. 

[Act  85,  P.   A.   1919.] 

The  People  of  the  State  of  Michigan  enact: 

Certain  (547)     SECTION  1.     All  proceedings  -and  actions  taken  and 

?ai!dated.tc"  things  done  by  or 'on  behalf  of  the  free  schools  by  the  board  of 
education,  or  its  officers,  of  cities  (having  a  population  of  two 
hundred  fifty  thousand,  or  over,  and  comprising  a  single 
school  district,  by  which  the  control  and  management  of  any 
college  of  medicine  and  surgery  was  taken  over;  by  which 
any  college  of  medicine  and  surgery  was  maintained  as  a  part 
of  the  school  system;  by  which  public  money  was  expended 
foir  any  college  of  medicine  and  surgery;  by  which  estimates 
were  prepared,  presented  and  allowed,  and  taxes  levied  there- 
for, or  in  lieu  of  taxes,  bonds  authorized ;  by  which  an  attempt 
was  made  to  authorize,  issue  and  sell  bonds  for  general  school 
purposes  at  a  rate  of  interest  not  authorized  by  any  valid 
law;  by  which  provision  to  care  for  the  debt  of  the  said 
schools  wais  made  in  the  city's  sinking  fund;  by  which,  by 
virtue  of  the  authority  or  alleged  authority  of  any  special  or 
local  act  passed  by  local  authority,  proceedings  were  had, 
action  taken  and  things  done  for  said  free  schools,  are  all 
hereby  ratified,  confirmed  and  validated,  as  fully  and  com- 
pletely as  if  authority  had  been  given  therefor  by  law  before 
the  proceedings  were  had,  action  taken  or  things  done. 

Sec.  2   declares  this  act  immediately  necessary  for   the  preservation   of   th<> 
public  peace,  health   and  safety. 


GENERAL  SCHOOL  LAWS.  239 


ACQUISITION  OF  LANDS. 

ct  to  authorize  boards  of  education  to  acquire  and  control  lands 
for  sites  for  school  houses,  agricultural  sites,  athletic  fields  and 
play-grounds,  and  to  establish,  equip  and  maintain  trade  and  other 
vocational  schools  and  to  acquire  lands  for  such  purpose  outside 
the  district  limits. 

[Act  222,  P.  A.  l»ll.] 

The  People  of  the  State  of  Michigan 


i. "Vis  i      $  .V. i ;>:.'.     SECTION  1.    The  board  of  education  of -any  Districts,  to 
organized  school  district  containing  a  population  of  one  linn-  applicable, 
dred  thousand  or  more  sha.ll  have  full  power  and  authority  to 
locate,    purchase  or  lease,  in  tin4    name  of  the  district,    such 
site  or  sites  for  schoolhouses,  agricultural  sites,  athletic  fields 
and  playgrounds  as  may  .be  necessary  out  of  the  funds  pro- 
vided for  that  purpose,  and  may  make  sale  of  any  site  or 
other  property  of  the  district  which  is  no  longer  required  for 
school  purposes,  and  may  also  establish,  equip  and  maintain  May  establish 
agricultural,  trade  and  other  vocational  schools,  and  if  deemed  e 
necessary  by  such  board  may  acquire  land  for  such  purpose 
outside  the  district  limits. 


COUNTY  SCHOOLS  OF  AGRICULTURE. 


! 


tn  Act  to  provide  for  the  establishment  of  county  schools  of  agricul- 
ture, manual  training  and  domestic  economy. 

[Act  35,  P.  A.  1007.] 
77/r  People  of  the  State  of  Michigan  enact: 

§  ">!».">:;.     SECTION  1.    The  board  of  supervisors  of  put^of 
any  county  is  hereby    authorized  to  appropriate  money    for" 
the  organization,  equipment    and  maintenance  of  any  county 
hool  of  agriculture,  manual  training  and  domestic  economy: 
Provided.  That  upon  petition  of  not  less  than  ten  per  cent  of  Proviso, 
the  qualitied  electors  of  any  county,  said  ten  per  cent  shall1'1 
be  determined  by    the  total  number  of  votes    cast  for  secre- 
tary  of  slate  at'  the  last  preceding  November  election,  an  1 
the  board  of  supervisors  shall  submit  the  question  of  the  es- 
tablishment  of  a   county  school  of  agriculture,  manual   train 
ing  and  domestic  economy  at   a  general  election  or  a  special 
election   called   for  that    purpose.      If  a   majority  of  the  elec- 
tors voting  upon  such   proposition   shall  vote  in   favor  of  the 
establishment  of  such  school,  it  shall  be  the  duty  of  the  board 
of  supervisors  to  provide  for  the  organization,  equipment  and 
maintenance  of  such   school   as  in    this  act    provided.     When-  To  i^ue 
ever  the  board  of  supervisors  of  the  county  shall  by  a  two- 
thirds  vote  of  all  members  elect,  resolve  to  contract  indebted- 


240 


STATE  OP  MICHIGAN. 


to  electors. 


County 
school  board 
created, 
powers. 


Of  whom 
composed. 


ness  or  issue  'bonds  to  raise  money  for  the  organization, 
equipment  and  maintenance  of  such  school,  the  question  shall 
be  submitted  to  the  vote  of  the  electors  of  the  county  at  a  gen- 
oral  or  special  election  to  be  called  for  that  purpose.  Notice 
Qf  ^^  submission  of  such  resolution  to  the  vote  of  the  electors 
and,  in  case  a  special  election  is  called,  notice  of  the  calling 
of  such  special  election  shall  be  given  in  the  same  manner  and 
for  the  same  length  of  time  as  is  now  prescribed  by  law  for 
general  elections.  If  a  majority  of  the  electors  of  the  county, 
voting  on  such  resolution,  tshall  vote  in  favor  thereof,  it  shall 
be  deemed  to  have  carried.  The  returns  of  the  election  here- 
in provided  for  shall  be  canvassed  and  the  results  declared  in 
the  same  manner  and  by  the  same  officers  as  is  provided  by 
general  law  for  canvassing  the  returns  of  and  declaring  the  re- 
sults in  city,  county  .and  district  elections.  The  manner  of 
stating  the  question  upon  the  ballots  shall  be  prescribed  by 
the  resolution  of  the  board  of  supervisors. 

(550)  §  5954.  SEC.  2.  A  board  to  be  known  as  the  coun- 
ty school  board  is  hereby  created,  which  shall  'have  charge  and 
control  of  all  matters  pertaining  to  the  organization,  equip- 
ment and  maintenance  of  such  schools,  except  as  otherwise 
provided  by  law.  'Said  board  shall  consist  of  five  members, 
one  of  whom  shall  be  the  county  commissioner  of  scliools 
of  the  county  or  district  in  which  the  school  is  located.  The 
other  members  of  the  board  shall  be  elected  by  the  'board  of 
supervisors,  one  for  one  year,  one  for  two  years,  one  for  three 
years  and  one  for  four  years,  and  thereafter  one  member  of 
the  board  shall  be  elected  annually  for  the  full  term  of  four 
years  from  the  date  of  the  expiration  of  the  term  about  to 
become  vacant,  but  no  member  of  the  board  of  supervisors 
shall  be  eligible.  Vacancies  existing  in  the  bo.ard  from  what- 
ever cause,  except  in  the  case  of  the  county  commissioner, 
shall  be  filled  by  appointment  made  by  the  chairman  of  the 
board  of  supervisors,  if  the  board  of  supervisors  is  not  in  ses- 
sion when  such  vacancy  occurs.  If  the  board  of  supervisors 
is  in  session,  vacancies  shall  be  filled  by  election  by  said  board 
for  the  unexpired  term.  Appointments  made  by  the  chair- 
man of  the  board  of  supervisors,  as  hereinbefore  specified, 
sihall  be  for  the  period  of  time  until  the  next  regular,  meeting 
of  the  board  of  supervisors.  Each  person  appointed  or  created 
a  member  of  the  county  school  board  shall,  within  ten  days 
after  the  notice  of  such  appointment,  take  and  subscribe  an 
oath,  to  support  the  constitution  of  the  United  States  and  the 
constitution  of  Michigan,  and  honestly,  faithfully  and  impar- 
tially to  discharge  his  duties  as  a  member  of  said  'board,  to 
the  best  of  his  ability,  which  oath  shall  be  filed  in  the  office 
of  the  county  clerk.  'lie  shall  also,  within  the  same  time,  file 
a  bond  in  such  sum  as  may  be  fixed  by  the  board  of  supervi- 
sors, which  bond  shall  be  filed  in  the  office  of  the  county  clerk. 
Within  fifteen  days,  after  the  appointment  of  said  board,  the 
members  thereof  shall  meet  and  organize  by  electing  one  of 


Vacancies, 
how  filled. 


Oath,  where 
filed. 


Bond. 


Organization 
of  hoard. 


GENERAL  SCHOOL  LAWS.  241 

1  ieir  number  as  president.  The  county  commissioner  of 
s  rhools  shall  be  ex-ollicio  secretary  of  the  said  board.  The 
I  >ard  hereafter  created  shall  prescribe  the  duties  of  the  sev- 
(  »al  officers  except  as  fixed  by  law. 

(551)  §  5!».V>.  Sr.r.  :!.  Whenever  two  or  more  counties  proceeding 
i  nite  in  establishing  such  a  school,  the  provisions  of  section 
1  vo  of  this  act  shall  apply  to  the  organization  of  the  county 
r  -hool  board,  and  to  filling  vacancies  therein:  Provided, 
'  hat  the  county  commissioner  of  the  county  in  which  the 
:•  -ho-ol  is  located  shall  be  a  member  of  the  board  and  ex-ollicio 
i  ;s  secretary;  and  two  members  *hall  a Iso  be  elected  from 

<  ach  county  by  the  board  of  supervisors  thereof,  one  for  one 
;  ear  and    one  for  two  years,  and    thereafter  one  member    of 
the  board    shall  be  elected  annually    in  each  county  for    the 
lull  term  of  two  years,  but    no  member  of  the  county   board 

<  f  supervisors  shall  be  eligible. 

i  .V»U  i      $   .V.C)(;.     Si:r.    I.     Whenever    two   or  more  counties  County  school 
>hall    unite   in   establishing  and   maintaining  a   school    under  portion^*?" 
i  he  provisions  of  this  act,  the  county  school  board  herein  pro-  ^enses- 
A  ided  shall,  on  or  before  the  tirst  day  of  October  in  each  year, 

<  etermine  the  amount  of  money  necessary  for  the  equipment 
.-  nd  maintenance  of  said  school  for  the  ensuing  year,  which 
MI  id  amount  they  shall  apportion  among  the  counties  in  pro- 
portion to  the  assessed  valuation  of  each  county  as  last  fixed 
1  y  the  state  board  of  equalization  and  shall  report  their  esti- 
7  late  and  apportionment  to  the  county  clerk  of  each  coun/ty, 
vho  shall  lay  said  report  before  the  board  of  supervisors  at 

its    annual     meeting.     The    amount    so    apportioned  to    each  Tax  levy. 
(ounty    shall  be  levied  by  the   board  of  supervisors  of   such 
MHinty,  as  a  portion  of  the  county  tax  for  the  ensuing  year, 
lor  the  support  of  the  said  school. 

i  :,.">:;  i      <  .V.C)7.     Si:r.  .">.     The  county  treasurer  of  the  conn- Treasurer  of 
ty  in  which  said  school  is  located  shall  be  ex-ollicio  treasurer  b( 
of  said   board;  all   moneys  appropriated   and  expended    under 
Hie   provisions   of    this   act    shall    be   expended    by    the   county 
M-hool  board  and  shall  be  paid  by  the  said  county  treasurer  on 
orders  issued  by  said  board   or  in  counties  having  a  board    of 
county   auditors,   by   such    auditors,   and   all    moneys   received 
by  said   board  shall  be  paid   to   the  said  county  treasurer    for 
;  he  fund  of  the  county  school  board. 

i.Vili      £   .V.ir.x      SEC.   b*.      In   the  county  schools   of  agricul- Instruction 
nre   and   domestic   economy    organized    under    the   provisions1" 
of  this  act,  instruction  shall  be  given  in   the  elements  of  agri- 
culture  including    instruction    concerning   the  soil,    the  plant 
/ife.   and    the    animal   life  of  the  farm;  in    of  farm  ac- 

counts shall  also  be  taught;   instructions  shall  also  be  given 
cin  manual    training  and  domestic    economy  and  such    other 
related  subjects  as  may  be  prescribed. 

i  .V.r>  i      $   .VJ.V.i.      Si:«  .   7.      Kadi   such   school   shall   have  con    School  to 
nected  with  it  a  tract  of  land  suitable  for  purposes  of  experi-  have  l 


ent  and  demonstration,  of  not    less  than   ten   acres  in  area. 
31 


242 


STATE  OF  MICHIGAN. 


School  to  be 
free. 


"Special 


Superintend- 
ent of  public 
instruction, 
duty  of. 


President 
agricultural 
college. 
Proviso  as  to 
superintend- 
ent of  school. 


Schools,  when 
placed  upon 
approved  list. 


Annual 
report. 


(556)  §  5960.     SEC.  8.     The  schools  organized  under  the 
provisions  of  this  act  shall  be  free  to  the  inhabitants  of  the 
county  or  counties  contributing  to  their  support,  who  shall 
be  qualified  to  pursue  the  course  of  study  as  prescribed  by 
the  school  board.     Whenever  students  of  advanced,  age  desire 
admission  to  the  school  during  the  winter  months  in  sufficient 
number    to  warrant  the  organization    of  special  classes    for 
their    instruction,    such    classes   shall  be  organized  and  con- 
tinued for  such  time  as  their  attendance  may  make  necessary. 

(557)  §  5961.     SEC.  9.     The  state  superintendent  of  pub- 
-lie  instruction  shall  give  such  informaition  and  assistance  and 
establish  such  requirements  -as  may  seem  necessary  for  the 
proper  organization  and  maintenance  of  such  schools,  and, 
with  the  advice  of  the  president  of  the  Michigan  state  agricul- 
tural college,  determine  the  qualifications  required  of  teachers 
employed  in  such  schools:     Provided,  That  no  person  shall  be 
eligible  to.  a  position  as  superintendent  of  any  school  estab- 
lished under  this  act,  who  is  mot  a  graduate  of  a  state  college 
of  agriculture.     The  state  superintendent  of  public  instruc- 
tion shall  have  the  general  supervision  of  all  school's  estab- 
lished   under  this  act;  shall  from    time  to  time  inspect    the 
•same,  make  such  recommendations  relating  to  their  manage- 
ment as  he  may  deem  necessary,  and  make  such  report  there- 
on to  said  schools  as  shall  give  full  information  concerning 
their  number,  character  and  efficiency. 

(558)  §  '5962.     SEC.  10.     Any    school    established    under 
the  provisions  of  this  act,  whose  course  of  study  and  the  quali- 
fications of  whose  teachers  hiave  been  approved  by  the  super- 
intendent of  public  instruction  and  the  president  of  the  Mich- 
igan state  agricultural  college,  and  which  shall  have  expend- 
ed at  least  twenty  thousand  dollars  in  buildings  and  equip- 
ment, and  shall  have  acquired  title  to  at  leant  eighty  acres  of 
land  to  be  used  in  connection  with  said  'school,  may,  upon  ap- 
plication, be  placed  upon  the  approved  list  of  county  schools 
of  agriculture,  manual  training  and  domestic  economy.     A 
school  once  entered  upon  said  list  may  remain  listed  and  be 
entitled  to  state  aid  so  long  as  'the  scope  and  character  of  its 
work  >are  maintained  in  such  manner  as  to  meet  the  approval 
of  the  superintendent  of  public  instruction.     On  the  first  day 
in  July  of  each  year  the  secretary  of  each  county  School  board 
maintaining  a  school  on  the  approved  list  shall  report  to  the 
superintendent  of  public  instruction,  setting  forth  the  facts 
relative  to  the  cost  of  maintaining  the  school,  the  character 
oif  the  work  done,  the  number  and  names  of  teachers  employed, 
and  if  more  than  one  county  contributes  to  [the  support  of 
such  school,  the  amount  so  contributed  by  each  county    and 
such  other  matters  as  may  be  required  by  the  county  school 
board  or  the  said  superintendent.     Upon  .the  receipt  of  suc'h 
report,  if  it  shall  appear  that  the  school  has  been  maintained 
in  a  satisfactory  manner  for  a  period  of  not  less  than  eight 
months  during  the  year,  closing  on  the  thintie'th  day  of  the 


GENERAL,  SCHOOL  LA\VS.  243 


]  receding  June,  the  said  superintendent  shall  make  a  CCT- 
1  ficate  to  that  effect  and  file  it  with  the  auditor  general. 
I  }M)ii  receiving  such  cert ilicate.  the  auditor  general  shall  Amount 

<  raw    his  warrant    payable  to    the  treasurer  of   the    county  druwn- 
i  laintaining  such   school   for  a   sum  equal  to  two-thirds   the 

;  mount    actually   expended   for  maintaining  such   school   dur- 

i  ig  the  year:     Provided,  That  the  total  sum  so  apportioned  Proviso. 

s  rail  not  exceed   four  thousand   dollars  to  any  one  school    in 

;  ny  one  year:      Provided  further,  That  any  such  school  receiv-  Furth.-r 

i  ig  slate  aid  shall  be  free  to  the  inhabitants  of  the  state  on  l>r" 

>  uch  terms  as  may  be  provided  by  said  hoard  and  the  super- 

5  iteiHlent  of  public  instruction.     When  more  ihan  one  county 

1  as  contributed  to  the  support  of  the  school,  the  auditor  gen- 

<  ral  shall  draw  his  warrant   payable  to  ihe  Measurer  of  each 

<  onnty  for  such  portion   of  the  slate  aid  'as  the  amount  con- 
iributed  by  his  county  is  part,  of  the  total  amount   conlribut- 
id  by  all  the  counties  for  the  support  of  the  school  for  the 
preceding    year.     The    auditor    general   shall  annually,    be- Tax  clause. 
j  inning   in    the  year   nineteen    hundred    thirteen,    include   and 

;  pportioii  iii  the  stale  tax  such  sum  as  shall  have  been  so  paid. 


IM'KAL  AGRICULTURAL  SCHOOLS. 

ii  Act  to  provide  for  the  establishment  of  rural  agricultural  schools 
by  consolidating  three  or  more  rural  school  districts,  and  for  the 
consolidating  of  three  or  more  schools  in  any  township  district;  for 
the  organization  of  school  districts  in  certain  cases;  for  teaching 
agriculture,  manual  training  and  home  economics  therein,  and  pro- 
viding state  aid  for  the  maintenance  thereof,  (a) 


I 


[Act  22G.   P.  A.   1917.] 
The  Pcoplr  nj  the   N/r//r  of  Midi  if/an 


i.V»!h      SECTION  1.     Three    or   more    rural     schools    which  Estabiisb- 
uave  been  or  may  hereafter  be  consolidated  and  in  which  thclnentof- 
caching  of  agriculture,  manual  training  and  home  economics 
•diall  or  may   be  established  as  part  of  the  regular  courses  of 
<tudy,  shall  be  known  as  rural  agricultural  schools  and  shall 
>e  entitled  to  state  aid  for  the  maintenance  thereof,  if  built, 
•quipped,  and   managed  as  provided  for  in  this  act. 

(.".(JO)  S !•:<•.  L*.  Such  rural  agricultural  schools  shall  have  site. 
I  ffite  of  not  less  than  live  acres  of  ground  except  where  the 
•  braining  of  such  site  is  not  feasible,  in  which  case  the  super- 
intendent of  public  instruction  may  approve  a  smaller  site, 
and  shall  have  a  corps  of  teachers  consisting  of  one  principal, 
or  superintendent,  and  two  or  more  teachers  who  are 
to  teach  during  not  less  than  nine  months  in  any  one  year. 

Am.    KHil,    Act   97. 

~ 


(a)      Title    Am.    11H9,    Act    Si  :    I'.rjl.    A.-t   1»T. 


214 


STATE  OF  MICHIGAN. 


Rural  agricul- 
tural school, 
how  estab- 
lished. 


Contiguous 
rural  districts. 


When  question 
submitted. 


When  estab- 
lished. 


Petition  for. 


Proviso. 


When  con- 
solidation ef- 
fective. 


Special  elec- 
tion, Wl  It'll 

called. 


(561)     iSEC.  3.     Whenever    tire    county    commissioner     of 
schools  shall  'be  presented  with  petitions  signed  by  twenty -five 
per  cent  of  the  legal  school  electors  of  each  of  three  or  more 
contiguous  rural  school  districts  to  establish  a  rural  agricul- 
tural school  by  consolidating  the  territory  of  said  districts, 
the  county  commissioner  of  schools  shall  cause  to  be  submit- 
ted the  question  of  consolidating  said  territory  to  form  a  rural 
'agricultural  school  by  the  consolidating  of  the  territory  of 
said  rural  school  districts,  or  whenever  the  district  board  of 
any  township  school  district  deems  it  advisable  to  establish 
ia  rural  agricultural  school  within  said  township  school  dis- 
trict, it  miay  establish    such  school  in  said  township    school 
district  by  complying  with  the  provisions  of  this  act.     Con- 
tiguous  rural  school    districts  shall  be   any  group  of    rural 
school  districts  having  continuous  territory,  but  shall  not  be 
construed   ,to  include  only  those  districts  with  one   common 
point  of  contact.     The  question  of  establishing  a  rural  agri- 
cultural school  shall  be  submitted  to  the  qualified  school  elec- 
tors at  a  special  meeting jheld  for  such  purpose,  notice  there- 
of being  given  not  less  than  twenty  days  prior  to  the  time  of 
holding  such  meeting  by  posting  three  or  more  notices  in  each 
district  affected.     The  polls  shall  be  open  at  least  seven  hours, 
and  the  voting  shall  be  by  ballot.    The  county  commissioner 
Of  schools  in  the  consolidating  of  rural  school  districts  shall 
determine  the  form  of  ballot  to  be  used  and  the  hour  at  which 
the  polls  shall  be  open,  w'hich  hour  shall  be  stated  in  the  no- 
tice.    If  a  majority  of  the  qualified  school  electors  present 
and  voting  at  a  special  meeting  shall  vote  in  favor  of  the  es- 
tablishing of  a  rural  agricultural  school,  it  shall  be  establish- 
ed by  the  county  commissioner  of  schools  as  herein  provided. 
When  the  school  board  of  any  township  school  district  shall 
be  presented  with  a  petition  or  petitions  signed  by  a  majority 
of  the  legal  school  electors  of  said  township  school  district,  it 
shall  establish  a  rural  agricultural  school.     A  township  school 
district  as  used  in  this  act  shall  mean  any  township  school  dis- 
trict operating  under  a  special  act,  or  the  graded  law  as  well 
as  those  operating  under  the  general  law:     Provided,  That  if 
the  school  districts  to  be  consolidated  are  located  in  more  than 
one  county,  it  shall  be  the  duty  of  the  county  commissioners 
of  schools  of  these  counties  to  "designate  one  of  their  number 
to  call  the  elections  provided  for  in  sections  three  and  four  of 
this  act.     In  case  the  county  commissioners  of  schools  can- 
not agree  as  to  which  one  of  them  sihall  call  the  said  elections, 
the  superintendent  of  public  instruction  shall  designate  the 
county  commissioner  whose  duty  it  shall  be  to  call  the  elec- 
tions herein  designated.     The  consolidation  oif  the  rural  dis- 
tricts  Shall  'become   effective  whenever    the  county    commis- 
sioner of  schools  shall  receive  notice  of  the  affirmative  vote 
of  three  or  more  contiguous  rural  school  districts  as  herein 
provided.     Whenever  the  county  commissioner  of  schools  shall 
be  presented   with  petitions  requiring  the  submission  of  the 


q  lestion  of 


GENERAL  SCHOOL  LAWS.  245 


csiion  of  the  establishing  of  a  rural  agricultural  school  as 
p  -ovided  in  this  section,  he  shall  within  twenty  days  cause 
t<  be  called  a  special  election  for  all  the  school  districts 
r<  presented  by  such  petition*  for  such  purpose.  He  shall 
d  -situate  the  place  where  the  election  shall  be  held  for  all  the 
<1  sfricts  voting  as  a  unit  and  prepare  ami  have  printed  the 
n  jcessary  ballots,  lie  shall  designate  one  of  the  township 
1  >anls  of  the  township  in  whidi  the  territory  is  situated  to 
c  induct  said  election,  and  if  shall  be  tihe  duty  of  said  town- 
s  ip  board  to  conduct  such  election.  The  conducting  of  the  conduct  of. 
e  ection  and  the  canvass  of  the  votes  except  as  herein  pro- 
v  ded  shall  be  in  the  same  manner  as  at  township  elections, 

0  •  as  far  as  the  laws  governing  the  same  are  applicable,  and 
v  hen  said  laws  are  not   applicable  the  township  board  shall 

1  Describe    the  manner  in  which    such  election  shall  be    con- 

«  n-ted  and  the  canvass  made.  The  result  of  said  election  Result,  how 
s  lall  be  certitied  by  said  election  board  to  the  county  com- c 
i  issioner  of  schools  herein  designated.  The  township  board 
<lasignated  to  conduct  said  election  tand  such  other  inspectors 
of  election  and  members  thereof  as  would  he  required  under 
t  ic  general  election  laws  shall  receive  the  same  compensa- 
i  on  for  conducting  said  election  as  it  would  if  it  were  con- 
ducting a  township  election.  The  expense  of  conducting  such  Expense,  how 
eeciion  shall  be  deiermined  by  the  township  board  accord- paid' 
i  ig  to  the  provisions  hereof  mid  apportioned  equally  among 
tic  several  school  districts  voting  upon  the  question  of  con- 
s  >lidation.  It  shall  be  the  duty  of  the  director  or  secretary 
of  the  school  boa i-d  of  said  districts  to  draw  an  order  upon 
tiie  treasurer  of  his  district  in  favor  of  the  person  or  persons 
designated  by  said  township  board  for  the  amount  to  be  paid 
1  y  his  school  district  as  deiermined  by  said  township  board, 
and  it  shall  be  the  duty  of  fhe  moderator  to  sign  such  order 
iind  the  treasurer  to  pay  the  same.  A  majority  vote  of  the 
(  ualilied  school  electors  present  and  voting  as  a  unit  of  all 
the  districts  that  tiled  petitions  signed  by  -at  least  twenty-five 
per  centum  of  the  legal  voters  shall  be  necessary  to  authorize 
the  establishment  of  a  rural  agricultural  school.  Whenever 
the  county  commissioner  of  schools  is  presented  with  a  peti- 
tion or  petitions  requesting  him  to  submit  to  the  legal  school 
Hectors  the  question  of  establishing  a  rural  agricultural 
>chool,  he  shall  refer  to  the  superintendent  of  public  instruc- 
tion for  his  opinion  as  to  the  advisability  of  uniting  all  of 
jiaid  territory  into  one  rural  agricultural  school  district.  The 
superintendent  of  public  instruction  shall  hiave  authority  to 
confirm  the  action  of  the  several  contiguous  rural  districts  in 
1'orming  the  proposed  rural  agricultural  school,  or  he  may  re- 
quire that  one  or  more  of  such  districts  be  not  included  in  the 
ijroup  to  form  a  rural  agricultural  school.  His  action  in  the 
matter  shall  be  linal:  Provided.  That  in  voting  to  form  a  proviso, 
•ural  agricultural  school  district  in  which  one  or  more  graded 
districts  of  twelve'  grades  is  to  be  included  as  a  part 


jchool  disti 


246 


STATE  OF  MICHIGAN. 


Election,  who 
to  conduct. 


of  the  unit,  the  rural  school  district  or  districts,  which  in- 
cludes said  graded  school  district  or  districts,  shall  vote 
separately  and  all  other  territory  to  be  included  in  the  rural 
agricultural  school  district  shall  vote  separately  but  as  one 
unit.  The  school  board  shall  conduct  the  election  in  the 
school  'district  containing  the  graded  school  district;  and  the 
towns/hip  board  designated  by  the  county  school  commission- 
er, as  'herein  provided,  shall  conduct  the  election  for  the  por- 
tion of  the  territory  outside  of  the  rural  district  or  districts 
which  include  said  graded  school  district.  The  election  in 
the  school  district  including  the  graded  school  district  or  dis- 
tricts and  the  election  in  that  portion  of  the  territory  outside 
of  the  rural  district  including  said  graded  school  district 
sihiall  be  held  on  the  same  day  and  during  the  same  hours . 
The  result  of  said  elections  shall  be  certified  by  the  election 
boards  conducting  the  same  to  the  county  commissioner  of 
schools  herein  designated.  The  affirmative  vote  of  a  majority 
of  the  legal  school  electors  present  and  voting  of  each  election 
unit  shall  be  necessary  to  authorize  the  establishment  of  the 
rural  agricultural  school :  Provided,  Whenever  the  township 
school  board  of  a  township  school  district  shall  proceed  to 
establish  a  rural  agricultural  school  as  provided  in  this  act, 
the  rural  agricultural  school  so  established  in  a  township 
school  district  shall  be  a  part  of  the  school  system  of  said 
township  district:  Provided,  Any  rural  school  district  ad- 
joining a  rural  agricultural  school  district  by  a  majority  vote 
of  the  qualified  school  electors'  present  and  voting  in  each  dis- 
trict affected  at  any  annual  or  special  meeting  called  for  the 
purpose  may  be  annexed  to  the  said  rural  agricultural  dis- 
trict by  the  township  board  or  township  boards  of  the  town- 
ship or  townships  in  which  said  territory  lies.  Such  annexa- 
tion shall  not  operate  to  affect  the  legal  organization  of  said 
rural  agricultural  school  district.  It  shall  be  the  duty  of  iihe 
school  board  of  each  district  concerned  to  file  within  ten  days 
ia  certified  'statement  of  the  affirmative  vote  for  annexation 
with  the  township  clerk  of  the  township  in  which  the  school- 
house  of  said  .rural  school  district  is  located.  The  said  town- 
ship clerk  shall,  within  twenty  days  after  receiving  the  certi- 
fied statements  from  both  districts,  call  a  meeting  of  the 
town'ship  board  or  boards  in  the  same  manner  as  is  provided 
under  the  general  school  laws  for  the  changing  of  boundary 
lines  of  school  districts.  At  said  meeting  the  township  board 
or  boards  shall  annex  the  territory  of  said  rural  district  to  the 
territory  of  said  rural  agricultural  district:  Provided,  That 
the  question  of  establishing  a  town'ship  unit  district  embrac- 
ing all  or  a  part  of  the  territory  in  a  rural  agricultural  school 
district  shall  not  be  submitted  until  the  rural  agricultural 
school  district  has  elected  its  board  of  education  and  the  board 
has  qualified  and  elected  its  officers :  Provided  further,  That 
whenever  any  rural  agricultural  school  district  has  been  or- 
ganized as  provided  in  this  act  and  said  rural  agricultural 


Result,  how 
certified. 


Proviso. 


Proviso, 
annexation. 


Proviso. 


Further  pro- 
viso, dis- 
bandment. 


GENERAL  SCHOOL  LAWS. 


6<  tiool  district  lias  complied   with    the  provisions  of  this  act 

f<  r  a  period  of  live  years,  or  longer,  the  qualified  school  elec- 

t<  PS  of  said  school  district  shall  have  the  right.  l»y  presenting 

tl  e  trustees  with  a  petition  signed  l>y  a  majority  of  the  legal 

S<  hool  electors,    to   disband    such   school   district    in    the  same 

IT  inner  as  that   provided    in   section  six  of  chapter  ten  of  act 

n  imber  one  hundred  sixty-four  of  the  public  acts  of  eighteen 

li  indred  eighty-one,  being  section  tive  thousand  seven  hundred 

r   irty-nine  of  the  compiled  laws  of  nineteen  hundred  fifteen: 

I*  wided,  That  schoo1  electors  as  mentioned  in  this  act  shall  Proviso. 

ii  elude  every  citizen  of  the  United  States  of  the  age  of  twenty- 

0  ie  years,  male  or  female,  who  are  residents  of  the  district, 
u  id   who  shall    possess   the  qnalitica t ions   required   of  school 
e  ectors  under  the  general  school  laws. 

Am.  Id. 

(562)     SEC.  4.     Whenever   the  consolidation   of  three  or  District  eiec- 
n  ore  contiguous   rural  school  districts  becomes  effective  as  held'. w 
P  -ovided  in  section  three,  the  county  commissioner  of  schools 
d  signated  in  section  three  shall  call  a  district  election  for 
the  second  Monday  in  July  following  by  posting  notices  at 
1<  ast  ten  days  prior  thereto,  and  at  least  one  notice  in  each  dis- 
t;  ict  affected,  in  three  of  the  most  public  places  in  the  terri- 
tory which  is  consolidated:     Provided,  That  the  county  com- Proviso. 
n  issioner  of  schools  may  if  he  deems  advisable  call  such  elec- 
tion at  any  time  previous  to  the  annual  meeting.     The  elec- 
tors   at   the  election    called  by  the  county   commissioner   of 
schools  shall  have  authority  to  do  all  those  things  that  may 
n  >w  be  done  by  the  legal  school  electors  at  the  first  meeting 
of  a  school  district  except  such  as  may  -be  inconsistent  with 
t:his  act.     At  such  election  a  board  of  education  of  five  trus-  Trustees 
tees  for  the  rural  agricultural  school  district  shall  be  elected  el 
by  ballot  by  the  qualified  school  electors  of  such  rural  agri- 
<  iltural  district,  one  trustee  for  one  ytfar,  two  for  two  years, 
a 'id  two  for  three  years  ami  annually  thereafter  a  successor 
O?  successors  ;,,  the  member  or  members  whose  term  of  office 
sliall  expire.     The  term  of  office  of  trustee  after  the  first  elec-  Term  of 
1'on   shall   be  three  years.      The  qualifications  for  office  hold- C 
ing  shall  be  the  same  as  those  provided  in  the  general  school 
laws  for  members  of  the  board  of  primary  districts.     Within  Affi<ia\it 

1.1,.  ,"  .,!_.!       etc--  n' 

tin  days  alter  ins  election  each  member  shall  tile  with  the  to fiio. 
c  unity  commissioner  of  schools  calling  the  election  an  accep- 
tance of  the  ollice  to  which   he  has  been   elected,  accompanied 

by  an  affidavit  setting  forth  the  fact  of  eligibility  as  prescribed 

1  i   the  general   school   laws.     The   county   commissioner   of 

Spools  shall  file  these  affidavits  and  acceptances  with  the 
sM-relary  of  the  hoard  after  t  he  oruani/at  ion  of  the  board  and 
ii»  election  of  a  secretary.  Thereafter  the  affidavits  and  ac- 
ceptances of  ollice  shall  be  tiled  with  the  secretary  of  the 
boa  IN  1.  The  board  of  education  shall  annually,  and  within  Prwidgat. 
Jiftecn  days  after  the  annual  meeting,  or  within  fifteen  days  of.  ' 


248 


STATE  OF  MICHIGAN. 


filled. 


Bond  of 
treasurer. 


after  the  organization  under  this  act,  elect  from  its  own  num- 
ber a  president,  a  secretary  and  a  treasurer,  and  for  cause 
may  remove  the  same  from  such  offices  and  may  appoint 
others  of  their  number  in  such  places,  and  these  officers  shall 
perifo'rm  the  duties  prescribed  by  the  general  school  laAV  for 
the  moderator,  director,  and  treasurer  of  the  district,  except 
ais  is  inconsistent  with  the  provisions  of  the  graded  school  act 

vacancy,  how  and  with  the  provision's  of  this  act.  The  board  of  education 
ishall  have  power  to  fill  any  vacancy  that  may  occur  in  its 
number  until  the  next  annual  meeting,  and  if  three  vacancies 
occur  at  the  same  time  a  special  meeting  of  the  district  shall 
be  called  by  the  county  school  commissioner  of  the  county  in 
which  the  schoolhouse  is  located  to  elect  members  of  the  board 
to  'fill  such  places.  Within  thirty  days  after  his  appointment, 
the  treasurer  of  the  board  shall  file  with  the  secretary  ian  offi- 
cial bond  in  such  an  amount  and  form  as  may  be  determined 
by  said  board.  'Said  bond  may  be  either  personal  or  of  some 
surety  compiany  authorized  to  do  business  in  this  state,  and 
it  shall  be  given  for  a  sum  not  less  than  the  greatest  amount 
of  money  that  the  treasurer  may  have  in  his  possession  or  un- 
der his  control  at  any  time  during  his  term  of  office,  as  near  as 
the  same  can  be  determined.  When  a  personal  bond  is  given 
it  shall  be  signed  by  not  less  than  two  sureties,  each  of  whom 
shall  justify  under  oath  to  the  full  amount  of  the  bond.  If 
a  surety  bond  is  required  and  purchased,  it  shall  be  at  the  ex- 
pense of  the  district.  Whenever,  in  any  case,  the  board  of 
education  shall  fail  or  neglect  to  elect  the  officers  of  the  board 
named  in  this  section  within  fifteen  days  next  after  the  an- 
nual meeting,  or  after  the  organization  of  the  district,  the 
township  board  of  the  township  within  which  the  schoolhouse 
of  said  district  is  located  shall  appoint  the  said  officers  from 
the  members  of  the  board.  The  board  of  education  shall  have 
authority  to  designate  such  site  or  sites  as  it  may  deem  neces- 

Number,  etc.  gary  to  carry  out  the  provisions  of  this  tact.  The  county  com- 
missioner of  schools  of  the  county  in  which  the  S'choolhouse  of 
a  rural  agricultural  school  is  located  shall  have  (authority 
to  number  said  districts,  and  upon  the  request  of  the  board  of 
education  of  said  district  he  miay  give  such  district  a  name. 


Personal 
bond. 


Sites,  board 
may  designate. 


Disposition 
of  funds. 


Am.  Id. 

(563)  SEC.  5.  Within  ten  days  after  the  organization  of 
the  board  of  education  provided  for  in  section  four  the  funds 
and  property  of  each  school  district  shall  be  turned  over  to 
the  board  of  education  of  such  consolidated  district. 

Am.   1919,  Act   81. 

School  dis-  (564)     SEC.  6.     Any  school  district  formed  under  the  pro- 

toccenuaineot  visions  of  this  act  in  township  school  districts  shall  be  sub- 
ject to  all  the  provisions  of  the  act  under  which  said  township 
school  district  is  organized,  not  inconsistent  with  the  pro- 


GENERAL  SCHOOL  LAWS.  249 

vi  ;ions  of  this  act.    All  other  rural  agricultural  schools  organ-  other  rural 

,  .  , .    .  , ,  agricultural 

izd  under   tin*  provisions  ol    Tins  acl    shall   have   the   powers  schools. 

aid  privileges  conferred   upon  graded  school  districts  l>y  the£°cweri 
la  vs  of  this  state,  all  the  general  provisions  of  which  relating 
to  primary  schools  shall  a]»|)ly  and  be  in  iforce  in  said  district  - 
e>cept  such  as  shall  he  inconsistent  with  the  provisions  of  this 
a.  (. 

Am.   Id. 

i  .">(;.")  i      Si:<\  7.  liiiral   agricultural    school    buildings    shall  gchooijbuiid- 
IM   connnunity  centers  and  he  available  to  residents  of  the  dis-  for  meeting's. 
ti  jet  or  township    for  meet  ings  after  school  hours    or  when 
Si  hool    is  not    in    session,  and    the    hoard   of  education    shall 
g-  ant    the  use  1  hereof  providing  such   meetings  are  not  held 
fi  r  political  or  religions  purposes.     A  janitor  shall  be  engaged 
f<  r  the  entire  year  to  care  for  buildings  and  grounds  during 
school  hours  and  when  public  meetings  are  held. 

I  .VW  i      Si:r.  S.      Plans   for  rural   agricultural  school  build- Plans, 
ii  gs  shall    be  approved  by  the  superintendent  of  public  in-8 
si  -net ion.     They  shall  be  properly  heated  and  ventilated',  have 
ai    ample  water  supply,  toilets  with  proper  sewerage,  a  library 
ai  d   suitable  equipment    and    apparatus  for   the  teaching  of 
agricultures  manual  training  and  home  economics. 

1921,  Act  97. 


* 


7)     Si:c.  !).     The    board  of  education    shall  provide    a  Tranaporta- 
si  ilicient   number  of  vehicles  for  the  transportation  of  pupils  puptS 
fr  >m  and  to  their  Intuits  ami  shall  designate  the  routes  over 
w  lich  such  vehicles  are  to  travel :     Provided,  That  the  school  Proviso. 

b<  ard  shall  not  be  compelled  to  transport  pupils  who  live  with- 
in one  mile  of  the  consolidated  schoolhouse.  Such  vehicles 
si  all  be  of  ample  capacity,  shall  be  enclosed  to  keep  out  the 
n  in  or  snow  and  be  provide.!  with  robes  and  foot  warmers 
during  cold  weather.  In  case  less  than  six  pupils  reside  on 
01  near  any  one  route,  such  pupils  may  be  boarded  by  consent 
ol  the  parent  or  guardian  at  some  convenient  place  if  the  cost 
is  less  than  the  cost  of  transportation:  Provided.  That  the  Proviso. 
si  perintendent  of  pubic  instruction  shall  have  authority  up- 
on investigation  by  himself  or  some  one  designated  by  him, 
l<  review,  confirm,  set  aside,  or  amend  the  action,  order,  or 
decision  of  the  board  of  education  wiili  reference  to  the  routes 
o\er  which  pupils  shall  be  transported,  the  distance  they 
si  all  be  required  to  walk,  the  boarding  of  the  pupils,  and  the 
si  liability  and  number  of  the  veliicbs  and  equipment  for  the 
transportation  of  the  pupils.  Whenever  ten  or  more  qualified  Appeal  from 
school  electors  of  any  rural  agricultural  district  shall  fed  onboard*1 
tl  emselves  aggrieved  by  any  action,  order,  or  decision  Of  the 
board  of  education  with  reference  to  rhe.  transportation  or 
boarding  of  pupils,  to  the  location  of  any  site:  or  the  granting 
of  permission  to  alter  the  boundaries  of  said  district  as  pro- 
vided in  section  the  thousand  seven  hundred  thirty-seven  of 


250 


STATE  OF  MICHIGAN. 


the  compiled  law®  of  nineteen  hundred  fifteen,  as  amended, 
they  may  at  any  time  within  ninety  days  from  such  action, 
order  or  decision  of  said  board  of  education  appeal  to  the  sup- 
erintendent of  public  instruction,  and  notice  of  such  appeal 
shall  be  filed  with  the  'secretary  of  said  board  of  education. 
The  superintendent  O'f  public  instruction,  upon  the  receipt  of 
such  appeal,  shall  have  the  power  to  entertain  such  appeal. 
Hearing.  Said  superintendent  of  public  instruction  may  visit  the  lo- 
cality, or  appoint  'some  one  to  visit  it,  and  he  or  his  appointee 
may  give  a  hearing  at  some  place  within  the  county  where 
the  schoolhouse  of  such  district  is  located.  After  such  in- 
vestigation, the  superintendent  of  public  instruction  shall 
have  authority  to  review,  confirm,  set  aside,  or  amend  such 
action,  order,  or  decision  of  -said  board  of  education.  His  de- 
cision in  the  matter  named  in  this  proviso  shall  be  final. 

Am.  Id. 


Teachers  in 

home 

economics, 


(568)  SEC.  10.  Teachers  in  home  economics  shall  have 
teachers'  certificates  and  be  graduates  of,  or  have  taken  a  suf- 
quaiifications.  ficjeilt  Bourse  in  college  or  normal  school,  where  science  in 
home  economics  is  taught,  and  be  qualified  to  teach  home 
economics  as  determined  by  such  tests  as  may  be  required  by 
the  superintendent  of  public  instruction. 

Am.  1919,  Act  81. 


^  (569)  SEC.  11.  Teachers  of  agriculture  and  teachers  of 
qalifications',  manual  training  in  rural  agricultural  schools  shall,  in  addi- 
tion to  the  regular  teachers'  'certificate,  hold  a  'certificate  or 
diploma  from  a  university,  college,  or  state  normal  wS'rthool  and 
be  qualified  to  teach  agriculture  or  manual  training  as  deter- 
mined by  such  tests  as  may  be  required  by  the  superintendent 
of  public  instruction. 

Am.   Id. 


Principal, 
etc.,  quali- 
fications of. 


Class  (b). 


(570)  SEC.  12.     The  principal  or  superintendent  provided 
in  section  two  of  this  act  shall  be  the  holder  of  at  least  a  state 
life  certificate  or  a  state  normal  school  diploma  or  shall  have 
educational  qualifications  equivalent  thereto.     Said  principal 
or  superintendent  shall  have  all  the  powers  and  duties  con- 
ferred upon  the  superintendent  of  schools  in  section  three  of 
the  graded  school  act,  except  in  township  unit  districts  em- 
ploying a  superintendent  of  schools. 

Am.    1919,   Act   81  ;    1921,   Act   97. 

(571)  SEC.  13.     The  principal  in  class    (b)    shall  hold  a 
teacher's  life  certificate  and  have  not  less  than  two  years' 
successful  experience  in  other  schools.     He  shall  have  prac- 
tical experience  in  farm  work  and  be  either  a  graduate  from 
any  state  agricultural  .college  or  a  state  normal  school  hav- 
ing a  course  in  agriculture  or  have  a  certificate  from  such 
college  or  normal  school  showing  that  he  has  taken  a  course 
of  not  less  than  two  year's  in  such  college  or  normal  school 


GENERAL  SCHOOL  LAWS.  251 

a;  (1  is  qualified  to  teach  agriculture  and  manual  training. 
D  iring  the  two  months  when  school  is  not  in  session,  he  shall 
si  pervise  boys'  and  girls'  Hub  work  as  carried  on  by  the 
U  lited  States  department  of  agriculture  in  co-operation  with 
Hi  2  Michigan  agricultural  college;  he  shall  assist  in  supervis 
ii:  *  farm  demonstrations  winch  may  be  carried  on  in  his  dis- 
ti  ct  and  he  shall  give  such  assistance  and  advice  as  may  be 
r»  [iiii-ed  by  farmers  in  such  districts. 

(572)  SEC.  14.  As  state  aid  to  assist  in  the  maintenance  state  aid  for 
01  rural  agricultural  schools,  each  of  such  schools  shall  be 
ei  titled  to  receive  four  hundred  dollars  a  year  for  each  vehicle 
u  ed  for  the  transportation  of  pupils.  In  addition  thereto 
si  ch  schools  shall  be  entitled  to  receive  the  sum  of  one  thous- 
a  d  dollars  a  year. 

Am.  1921,  Act  97. 


(573)  SEC.  15.  Whenever  rural  agricultural  schools  are 
b  lilt  and  equipped  and  qualified  teachers  are  engaged  as 
specified  in  this  act,  the  president  'and  'secretary  of  the  board 
o  education  having  control  of  such  schools,  shall  notify  the 
superintendent  of  public  instruction,  specifying  the  location 
<»  said  schools,  the  number  of  rooms  contained  therein  and 
tl.e  equipment  thereof,  the  number  of  acres  of  land  connect- 
ed therewith  and  in  possession  of  the  township  or  consolidat- 
ed district,  the  number  of  teachers  engaged  and  their  respec- 
tive qualifications,  the  number  of  school  months  for  which 
s;  id  teachers  and  principal  have  been  engaged,  the  barns  and 
k  nds  of  livestock,  if  any,  and  the  number  of  vehicles  engaged 
for  the  transportation  of  pupils. 

i.~>74)     SEC.  16.     Within    thirty   days  'after  receiving   the  inspection 
n>tice  mentioned  in  section  fifteen,  the  superintendent  -of  pub-  l 
lie  instruction  shall  satisfy  himself  that  such  rural  agricul- 
tural school  has  boon  erected  and  equipped  as  provided  for  in 
this  act.    If  unable  to  inspect  said  school,  he  shall  request  such 
inspection  to  bo  made  within  sa'ul  thirty  days  by  the  com  mi  s- 
s  onor  of  schools  of  tho  county  in  which  said  rural  agricultur- 
al school  is  located,  and  ho  shall   (hereupon  send  to  the  audi- 
tor general  a   copy  of  the  aforesaid   not  let-  with   his  end 
mont,   showing   that    said    rural   agricultural    school    has  been 
built  and  equipped  as  provided  for  in   this  act,  and  that  such 
township  or  consolidated  district  is  entitled   to  receive  the 
slate  aid  specified  and  as  mentioned  in  section  fourteen  of 
act. 


-• 


Act   97. 


(57."ii      Si:.-.    IT.     The     annual    amount      which    any     rural 
agricultural  school  may  bo  entitled  to  shall  bo  paid  yearly  mi 
cr  before  .Juno  thirtieth  to  the  treasurer  of  the  board  of  edii 
ration  of  the  district  or  township  in  which  said  rural  agricul- 
tural school  is  located. 


252 


STATE  OF  MICHIGAN. 


Tax  clause. 


Report  to 
legislature, 
what  to 
contain. 


Rural  dis- 
trict, what 
to  include. 


Proviso, 
consolidation. 


(576)  SEC.  18.     The  auditor  general  shall  incorporate  in 
the  state  tax  for  the  year  nineteen  hundred  twenty-one,  and 
each  yeair  thereafter  such  sum  or  sums  as  the  legislature  of 
the  state  of  Michigan  shall  appropriate,  which  sums,  when 
collected,  shall  be  used  for  the  purpose  of  carrying  out  the 
provisions  of  this  act. 

Am.  Id. 

(577)  'SEC.  19.     The  superintendent  of  public  instruction 
shall  hereafter  send  rto  the  legislature  a  statement  showing 
the  number  and  location  of  rural  agricultural  schools  receiv- 
ing 'state  aid,  the  total  amount  of  such  state  aid  and  the  num- 
!ber  and  location  of  rural  agricultural  schools  applying  for 
and  not  yet  'receiving  such  state  aid. 

Am.   Id. 

(578)  SEC.  20.     Rural  school  district  as  used  in  this  act 
shall  Include  any  [primary  or  graded  school  district  that  does 
not  contain  within  its  limits  an  incorporated  village  or  city 
having    a  population    exceeding  two    thousand:     Provided, 
That  rural  schools,  as  defined  in  this  act,  adjacent  to  any  city 
or  village  having  a  (population  of  more  than  two  thousand 
may  consolidate  by  petition  signed  by  a  majority  of  the  legal 
school  electors  under  the  provisions  of  fthis  act  with  such  city 
or  village,  and  such  consolidated  school  (resulting  therefrom 
^h'all  be  governed  by  the  provisions  of  this  act  including  the 
transportation    of  pupils  and    the  teaching  of    agriculture, 
manual  training  and  home  economics,  but  it  shall  not  be  en- 
titled to  state  aid  as  provided  herein. 

Added  1919,  Act  81;  Am.  1921',  Act  97. 


Authority  to 
cooperate. 


May  tax. 


An  Act  to  promote  the  agricultural  interests  of  the  various  counties 
of  this  state  and  to  repeal  acj;  number  three  of  the  public  acts  of 
nineteen  hundred  twelve,  second  extra  session,  and  act  number 
sixty-seven  of  the  public  acts  of  nineteen  hundred  thirteen. 

[Act  315,  P.   A.   1&1I9.] 

The  People  of  the  $.tate  of  Michigan,  enact: 

(579)  SECTION  1.  In  order  to  promote  the  agricultural 
interests  of  the  various  counties  of  this  state  and  to  provide 
for  agricultural  extension  work,  each  county  of  the  state 
through  its  board  of  supervisors  is  hereby  authorized  and 
empowered  to  cooperate  'to  said  end  with  the  Michigan  agri- 
cultural college  and  with  any  department  or  bureau  of  the 
United  States  government;  and  may  enter  into  agreements 
with  reference  thereto.  The  board  of  supervisors  in  any 
county  may  appropriate  money,  or  raise  money  by  taxation, 
for  the  purpose  hereof,  and  may  establish  a  farm  bureau  to 
act  a<s  the  representative  of  the  board  and  of  the  county  in  all 


GENERAL,  SCHOOL  LAWS.  253 

cooperative  work.     Subject   to  the  approval  of  the  state    ounty 
Ix  ird  of  agriculture  or  of  the  proper  representatives  t hereof , 
ll   >  hoard  may  appoint  a   county  agricultural  agent  and  n- 
Sii  *y  assistants,  whose  duty  it  s'liall  he  to  aid  in  carrying  out 
t!   •  purpose  of  this  act.     The  compensation   and  expenses   of 
ai  jr  person  so  employed,  or  such  portion   thereof  as  shall  un- 
d-  r  the  terms  of  any  agreement  between  the  county  and  the 
V  chigan   a gri cultural  college  or  any  department  or  bureau 
o    the  federal  government,  be  payable  by  the  county,  shall  be 
ti    ed  and  provided  for  by  the  board. 

'1  repeals  act  number  three  of  the  public  acts  of  nineteen  hundred 
tv  -Ive,  second  extra  session,  entitled  "An  act  to  authorize  the  board  of  super- 
vi  ors  of  each  county  to  appropriate  or  raise  money  by  tax  for  the  encourage- 
m  at  of  improved  methods  of  farm  management  and  practical  instruction  and 
dt  mmstraticin  in  agriculture,"  and  act  number  sixty-seven  of  the  public  acts 
of  nineteen  hundred  thirtren,  entitled  "An  act  to  authorize  and  regulate  a 
c<  inty  agricultural  department." 

:;  di'ciap's  this  act  to  be  immediately  necessary  for  the  public  peace, 
h<  ilth  and  safety. 


A  i  Act  giving  the  assent  of  the  legislature  of  the  state  of  Michigan  to 
the  grant  of  moneys  from  the  United  States  by  act  of  congress 
approved  May  eight,  nineteen  hundred  fourteen,  entitled  "An  act  to 
provide  for  co-operative  agricultural  extension  work  between  the 
agricultural  colleges  in  the  several  states  receiving  the  benefits  of 
an  act  of  congress  approved  July  two,  eighteen  hundred  sixty-two, 
and  cf  acts  supplementary  thereto,  and  the  United  States  depart- 
ment of  a^ru-ulture,"  and  designating  the  officer  to  whom  the  pay- 
nts  are  to  be  made. 


[Act  05,  P.  A.  1G15.] 
Tin-  l*<n\}\c  of  UK    Mnfc  of  MicJih/un  rmn-t : 


(580)  §  1-7L'.  SKCTION  1.  The  legislative  assent  requir- 
ed  by  section  three  of  an  act  of  congress,  approved  May  eight,  w 
nimMeen  hundred  fourteen,  being  an  act  entitled  "An'  act  to 
P  -ovide  for  co-operative  agricultural  extension  work  between 
the  agricultural  colleges  in  the  several  sta/tes  receiving  the 
b-nelits  of  an  act  of  congress  approved  .July  two,  eighteen 
hundred  sixty  two,  and  of  acts  supplementary  thereto,  and 
t  ie  I'nited  States  dopait  men  t  of  agriculture."  is  hereby  gran t- 
e  1.  and  the  moneys  thereby  given  are  accepted  under  the  terms 
and  conditions  expressed  in  the  act  of  congress  aforesaid. 

M.)      *    1-7:;.     BBC.  2.     The  moneys  derived  by  aut hoi-ity  Moneys, 
of  said   act    shall   be  exclusively   used    in   support  of  CO-Opera-  * 
tive  agricultural  extension  work,  to  be  carried  on  by  Michigan 
agricultural   college,  and    the  secretary  of  the  state  board  of  Towhom 
agriculture  is  hereby  designated  as  the  officer  to  whom  such  pal< 
ds  should  be  paid. 


254 


STATE  OF  MICHIGAN. 


An  Act  to  accept  the  requirements  and  benefits  of  an  act  of  the  sixty- 
fourth  congress  of  the  United  States,  approved  February  twenty- 
three,  nineteen  hundred  seventeen,  known  as  the  Smith-Hughes  act, 
or  public  act  number  three  hundred  forty-seven,  relating  to  appro- 
priations to  be  made  by  the  federal  government  to  the  several  states 
for  the  support  and  control  of  instruction  in  agriculture,  the  trades, 
industries,  and  home  economics,  and  for  the  preparation  of  teachers 
of  vocational  subjects;  to  designate  a  state  board  of  control  for 
vocational  education;  to  provide  for  the  proper  custody  and  admin- 
istration of  funds  received  by  the  state  from  such  appropriations; 
and  to  provide  for  appropriations  by  the  state  and  by  local  school 
authorities  to  meet  the  conditions  of  said  act  of  congress. 


Provisions 
accepted. 


Items. 


Benefits,  etc. 
accepted. 


Board 
created. 


Executive 
officer. 


Expenses. 


[Act  149,  P.  A. 

The  People  of  the  State  of  Michigan  enact: 

(582)  SECTION  1.     The  provisions  oif  an  act  of  congress 
enacted  by  the  sixty-fourth  congress  in  the  second  session 
thereof  known  as  public  act  number   three  hundred  forty- 
seven,  entitled  "An  act  to  provide  for  the  promotion  of  voca- 
tional education ;  to  provide  for  co-operation  with  the  states 
in  the  promotion  of  such  education  in  agriculture  and  the 
trades  and  industries;  to  provide  for  co-operation  with  the 
states  in  the  preparation  of  teachers1  of  vocational  subjects, 
and  to  appropriate  money  and  regulate  its  expenditure,"  are 
hereby  accepted  by  the  state  of  Michigan  as  follows: 

(a)  Appropriations  for  the  salaries  of  teachers,  supervi- 
sors and  directors  of  agricultural  subjects; 

(b)  Appropriations  for  the  salaries  of  teachers  of  trade, 
home  economics,  and  industrial  subjects; 

(c)  Appropriations    for    the  preparation  of  teachers    of 
agricultural,  trade,  industrial  and  (home  economics  subjects. 

(583)  SEC.  2.     The  benefits  of  all  funds  appropriated  by 
the  federal  government  under  the  provisions  of  said  act  are 
hereby    accepted  as  provided    in  said    act,  and  provision   is 
herein  made  under  which  the  state  of  Michigan  will  meet  such 
appropriations  and  provisions. 

(584)  SEC.  3.     The  superintendent  of  public  instruction, 
the  president  of  the  state  board  of  education,  the  president  of 
the  university  of  Michigan,  and  the  president  of  the  Michigan 
agricultural  college  are  hereby  constituted  as  the  sitate  board 
of  control  for  vocational  education  as  provided  in  the  afore- 
said act.     The  state  superintendent  of  public  instruction  Shall 
be  the  executive  officer  of  the  state  board  of  control,  and  he 
shall,  with  the  approval  of  said  board,  provide  for  the  admin- 
istration of  the  provisions  of  this  act.     Said  board  is  charged 
with  the    duty  and  responsibility  of    co-operating  with    the 
federal  board  for  vocational  education  in  the  administration 
of  such  act,  and  is  given  all  power  necessary  to  such  co-opera- 
tion.    The  state  board  of  control  for  vocational  education  is 
hereby  authorized  to  incur  such  expenditures  for  office  admin- 
istration, traveling  and  other  incidental  expenses  as  it  ma 
deem    necessary  to  the  proper    administration  of  the   fu 


ain- 
nay 
nds 


GENERAL  SCHOOL  LAWS.  255 

all  )tted   to  the  state  of  Michigan    under  the  provisions    of 
sa  i  I  act. 

585)     SEC.  4.     The  state  treasurer  is  hereby  appointed  as  custody  of 
cu  todian  of  all  funds  for  vocational  education  as  provided  fl 
in  said  act  and  in  this  act,  and  is  charged  with  the  duty  and 
re  ponsibility  of  receiving  and  providing  for  the  proper  cns- 
<to  y,  and  for  the  proper  disbursements  of  such  moneys  on 
re  uisition  of  the  s«id  board  of  control  for  vocational  educa- 
ti<  n.     The  state  treasurer  as  custodian  of  such  funds  for  vo-  Report  of 
ca  ional  education  shall  make  an  annual  report  to  the  gover-  f^urer. 
m  r  and  the  legislature  concerning  the  receipts  and  disburse- 
m  nts  of  sudi  moneys  received  by  him  under  the  provisions  of 
sa  <1  act  and  of  this  net. 

i.~»sr»)     S i-:r.  ."».     Tiie  board  of  education  or  board  of  con- Buildings  and 
tr  >1  of  any  approved  public  school,  department,  part  time  or  ec 
ev  ming  class  giving  instruction  in  agricultural,  industrial  or 
IK  me  economics  subjects,  which  receive  the  benefit  of  federal 
ai  d  state  moneys  as  herein  provided,  shall  provide  suitable 
biildings  and   equipment  in  order  to  give  such  instruction; 
aid  shall  also  appropriate  for  Hie  salaries  of  instructors  aExpensefor 
si  in  of  money  sullirient  to  cover  the  expense  for  instruction  ic 
di  ring    the    year.      At  the  end  of  the  fiscal  year  the  state  Apportion- 
b<  a rd   of  control   for   vocational   education   shall   apportion  JSnds.0 
to  the  several  boards  of  education,  or  boards  of  control  of 
sciools  maintaining  approved  departments  for  vocational  edu- 
cation as  herein  described,  the  state  and  federal  funds  by  way 
^f  reimbursements  for  expenditures  for  instruction,  giving  to 
each  school  its  proportionate  share:  Provided,  Tha-t  no  school  Proviso, 
shall   receive  a   larger  amount  than  three-fourths  of  the  sum  ni 
w  licli  has  been  expended   for  the  particular  type  of  education 
for  which   it   received   state  and   federal  funds.     The  institu-  institutions 
ti«>ns  authorized  to  give  training  for  vocational  teachers  shall  roonSN't!-. 
provide  suitable  rooms  and  equipment,  and  appropriate  sutli 
ci?nt  funds    to  pay   instructors    and   supervisors  during    the 
year,  and  at    the  end   of  the  year  such  institutions  shall    be 
reimbursed   from   federal   and  state1  funds,  equally.     There  is  Amount, 
hereby  authorized  to  be  appropriated  and  paid  from  the  state81 
treasury  to  the  several   schools  giving  vocational  instruction 
under  the  provisions  of  this  act,  and  for  their  supervision,  a 
sum  of  money  equal    to  one-half  the  federal   allotment:   and 
tl  ere  is  hereby  further  authorized  to  be  apportioned  and  paid 
fiom    the   st;ite   treasury   to   the  several    institutions   engaged 
ir   the  training  of  teachers  <»{'  vocational  subjects  a  sum  equal 
t(»  the  allotment  of  federal  moneys  as  provided  in  said  act. 

(587)     SEC.  C.     The  state  board  of  control   for  vocational  Rules  and 
education  shall  formulate  such  rules  and  regulations  as  may  n 
bo  necessary  for  the  development  and  operation  of  such  voca- 
tional schools,  and   for   the  training  of  teachers  as  are  pro- 
v  (led  for  in  said   act.  subject    to   the  approval  of  the  federal 
iboard  of  control.     All    disbursements   of  state   and     federal  nwnn.-.-- 
ir.oney  under  the  provisions  of  this  act  shall  be  made  a  nun-  r 


4J56 


STATE  OF  MICHIGAN. 


Annual 
report. 


Inspection 
of  work. 


Certification 
of  amounts 
due. 


How  paid. 


Estimate 
furnished 
auditor 
general. 


Annual  ex- 
amination of 
records,  etc. 


Annual  re- 
port to  gov- 
ernor, etc. 


ally  on  or  before  the  tenth  day  of  July  in  each  year.  The 
board  of  education  or  board  of  control  of  any  school  where 
vocational  instruction  is  given  under  the  provisions  of  this 
act;  also  boards  of  control  of  institutions  giving  vocational 
teacher  training,  as  herein  provided,  shall  make  an  annual 
report  to  the  state  superintendent  of  public  instruction  at 
such  time  and  in  such  form  as  he  may  require. 

(588)  SEC.  7.     The  state  board  of  control  for  vocational 
education  shall  provide  for  the  proper  inspection  of  the  work 
in  the  schools-  and  institutions  which  operate  under  the  pro- 
visions of  this  act.     And  upon  the  approval  of  the  work  done 
and  the  receipt  of  satisfactory  reports  from  each  school  or 
institution,  /the  said  state  superintendent  of  public  instruc- 
tion shall  -certify  to  the  auditor  general  the  amount  of  such 
state  and  federal  moneys  due  to  each  board  of  education,  or 
board  of  control  of  any  school  maintaining  a  vocational  school 
or  department,  and  to  the  board  of  control  of  each  institution 
engaged  in  the  training  of  teachers  of  vocational  subjects 
according  to  the  provisions  of  this  act.     The  auditor  general 
shall,  upon  such  certificate  of  the  superintendent  of  public 
instruction,  'draw  his  warrant  upon  the  state  treasurer  for 
the  amount    of  said  moneys  due   to  each  school  district   or 
institution  and  payable  to  the  treasurer  of  such  board    of 
education  or  of  the  board  of  control  of  such  institution,  and 
'the  said  amounts  shall  be  forwarded  to  said  treasurers. 

(589)  SEC.  8.     It  shall  be  the  duty  of  the  state  board  of 
control  for  vocational  education  to  "estimate  the  amount     of 
money  which  should  be  appropriated  by  the  state  to  meet 
federal   allotments   during  each  succeeding  biennial   period, 
and  when  the  state  board  of  control  shall  have  estimated  the 
amount  of  money  necessary  to  meet  the  federal  appropria- 
tions, they  shall  report  said  estimate  to  the  auditor  general, 
who  shall  include  the  said  amount  of  money  in  the  state  tax 
levy  for  each  year  as  reported  to  the  state  legislature. 

(590)  ;SEC.  9.     At  the  close  of  each  fiscal  year  the  state 
board  of  control  for  vocational  education  shall  examine  the 
records  and  reports  from  all  schools  giving  vocational  instruc- 
tion, and  from  institutions  engaged  in  the  training  of  voca- 
tional teachers;  and  shall  apportion  funds  from  the  federal 
government  and  from  the  state  treasury  in  accordance  with 
plans  approved  by  the  federal  board  of  control,  and  in  accord- 
ance with  the  provisions  of  this  act,  and  of  the  said  federal 
act. 

(591)  SEC.  10.     The  state  board  of  control  for  vocational 
education  shall  make  an  annual  report  to  the  governor   and 
to  the  legislature  in  regard  to  the  administration  of  this  act, 
and  of  the  federal  act  herein  mentioned,  and  said  report  shall 
contain    an  explicit  statement    of  the    expenditures    of  all 
moneys,  both  federal  and  state,  for  the  purposes  mentioned  in 
this  act. 

'Sec.   11   repeals  all    acts  and   parts  of  acts   contravening  the  provisions  of 
this  act. 


GENERAL  SCHOOL  LAWS.  257 


VOCATIONAL.   ETC.,   KhKOATION  FOR  CERTAIN 
MINORS. 

A  i  Act  to  provide  for  the  vocational,  agricultural  and  general  educa- 
tion of  employed  and  other  minors  under  seventeen  years  of  age 
who  have  ceased  to  attend  all-day  schools,  (a) 


[Act  421,  P.  A.   1919.] 

Tin-  7Vo/>/r  of  the  Mate  of  Michigan  enact: 


i  -Vi-)  SECTION  1.  On  and  after  the  first  day  of  September, 
11  neteen  hundred  twenty,  every  school  district  having  a  popu-  schoois,etc. 
1,  lion  of  live  thousand  or  more  and  containing  fifty  or  more 
c  .ildren  subject  to  the  provisions  of  this  act,  shall,  and  any 
o  her  school  district  may.  through  its  board  of  education,  es- 
t;  blisli  and  maintain  part-time  vocational,  agricultural  or  gen- 
e  al  continuation  schools  or  course  of  instruction  for  the 
elucation  of  minors  under  seventeen  years  of  age  who  have 
cased  to  at  lend  all  day  schools.  Said  schools  or  courses1  of 
ii  struct  ion  shall  lie  in  session  at  least  as  many  weeks  in 
e.  ch  year  as  the  common  schools  of  such  district.  When  a  who  required 
s«  hool  district  shall  have  established  said  schools  or  courses  to att( 
it  shall  require  the  attendance  thereat  of  every  unmarried 
n  inor  under  seven  teen  years  of  age  residing  or  employed 
within  the  conlines  of  said  school  district,  who  has  ceased 
t<  attend  all  day  school  and  who  has  not  completed  two  years 

^  Of'  a   four  year  high   school  course  or  its    equivalent:     Pro- Proviso,  who 
v  ded.  That   said   minors  may  be  excused  from  the  provisions  excused- 
o     thifi  section  by  the  superintendent   of  schools  in  case  they 
a 'e  physically   unable   to   attend   school  or  would  by  reason 
<•     part  time  school  attendance -be  deprived  of  wages  essential 
to  their  support   or  that  of  their  family:     Provided  further,  Further  pro- 
That    the   provisions   of   this   act.  shall    not    apply   to   minors  vl80' m 
who  shall    have  readied    the   age  of    sixteen   years  prior    to 
S-3ptember  one.   nineteen   hundred  twenty.     The  required  at- 
tendance provided  for  in  this  act  shall  be  at  the  rate  of  not 
1<  ss  than  eight  hours  per  week,  four  hours  of  which  may  con- 
s  st  of  supervised    instruction    given    under   working   condi- 
t'ons   provided    sndi    instruction  meets  the  approval  of  the 
s  iperintendent  of  schools  and   the  state  board  of  control  for 
v  M-ational  education.     It  shall  be  the  duty  of  the  local  school 
b  >ard   to  determine  the  hours  of  session  of  part  time  schools 

<    established  under  this  act  as  shall  best  suit  local  conditions 
and  school  administration.     In  the  establishment  and    con- Quarters, etc., 
duct  of  such   part-time  vocational,  agricultural   and  general11 
continuation  schools    or  courses   of  instruction,  any    school 
district  shall  take  advantage  of  any  established  educational 

\   agencies,  or  utilize  adequate  and  suitable  quarters  now  exist- 
ing:    Provided,  however.     That   said  schools    or  courses  shall  Proviso,^ 
be  within  reasonable  access  to  the  place  of  employment   and,  * 


(a)     Title  am.  1931,  (1st  ex.  sess.).  Act  15. 
33 


258 


STATE  OF  MICHIGAN. 


wherever  established,  shall  be  considered  a  part  of  the  public 
school  system  of  the  district  wherein  the  minors  attending 
the  same  are  employed  or  reside. 

Am.  1921,  (1st  ex.  sess.),  Act  15. 


Minors  em- 
ployed, etc. 


Proviso. 


When  em- 
ployer to 
cease  to  em- 
ploy minor. 


Penalty. 


Attendance 
compelled. 


(593)  SEC.  2.     Minors  sixteen  years  of  age,  leaving  regu- 
lar day  schools  to  enter  employment,  and  the  employers  of 
such  minors  shall  foe  subject  to  the  same  requirements  as  to 
permits  to  work  as  are  provided  by  law  for  children  under 
sixteen  years  of  age  and  their  employers:     Provided,  That 
permits  for  minors  sixteen  years  of  age  and  over  shall  not 
certify  that  the  wages  of  the  minor  are  essential  to  the  sup- 
port of  the  family. 

Am.  Id. 

(594)  SEC.  3.  The  employer  of  any  minor  under  seventeen 
years  of  age,  who  is  required  to  attend  part-time  vocational, 
agricultural  or  general  continuation  school  or  courses  of  in- 
struction as  defined  in  this  act,  shall  cease  forthwith  to  em- 
ploy such  minor  when  notified  in  writing  by  the  superinten- 
dent of  schools,  or  his  representative  duly  authorized  in  writ- 
ing, having  jurisdiction  over  such  minor's  attendance,  of  his 
non-attendance  in  accordance  with  the  'regulations  as  defined 
in  this  act.     Any  employer  who  fails  to  comply  with  the  pro- 
visions of  this  act  shall  be  deemed  guilty  of  a  misdemeanor 
and  on  conviction  shall  be  punished  by  a  fine  of  not  less  than 
ten  or  more  than    one  hundred  dollars  or  by   imprisonment 
for  not  less  than  ten  or  more  than  ninety  days  or  by  both 
such  fine  and  imprisonment  in  the  discretion  of  the  court. 
The  superintendent  of  schools  having  jurisdiction,  or  a  person 
authorized  by  him  in  writing,  may  revoke  the  permit  of  any 
minor  who  fails  to  attend  such  school  or  courses  of  instruc- 
tion when  required  by  the  provisions  of  this  aict. 

Am.  Id. 

(595)  SEC.  4.     Every  parent,  guardian,   or  other  person 
in  parental  relation  to  any  minor  required  under  section  one 
of  this  act  to  attend  special  part-time  Classes,  shall  be  requir- 
ed to  send  such  minor,  child,  or  children  to  such  part-time 
classes  when  established,  and  in  case  any  parent,  guardian,  or 
other  person  in  parental  relation  to  such  minor  shall  fail  to 
comply  with  the  provisions  of  this  act,  the  truant  officer  of 
the  district  or  city  shall  proceed  to  compel  attendance  of  such 
minor,  child,  or  children  in  the  same  manner  as  is  provided 
for  in  the  case  of  truants  under  the  provisions  of  act  number 
two  hundred  of  the  public  acts  of  nineteen  hundred  five,  as 
amended,  and  the  penalties  therein  provided  against  parent 
and  'child  shall  apply. 

Added  1921,   (1st  ex.  sess.),  Act  15. 


I 


GENERAL  SCHOOL  LAWS.  259 


DAY  SCHOOLS  FOR  THE  DEAF. 


A  i  Act  authorizing  school  district  boards,  boards  of  trustees  of  graded 
schools  and  boards  of  education  in  cities  to  establish  and  maintain 
day  schools  for  the  deaf,  and  authorizing  payment  therefor  from  the 
general  fund,  and  repealing  act  number  one  hundred  seventy-six  of 
the  public  acts  of  eighteen  hundred  ninety-nine  and  all  other  acts 
or  parts  of  acts  conflicting  with  the  provisions  of  this  act. 


[Act  224.   P.   A.   1005.] 

The  People  of  the  &.tate  of  Mich  it/an-  enact: 


(596)  §  5963.     SECTION  1.     That  upon   application   by   a 

s  hool  district   board,  board  of  trustees  of   a  graded  school,  when'estab- 
o  •  board  of  education  of  any  city  of  this  state  to  the  super- l 
i]  tendent  of  public  instruction,  he  shall  grant  permission  to 
6  ich  board  to  establish  and  maintain,  and  such  board  shall 
thereupon  be  empowered  to  maintain  within  the  limits  of  its 
jurisdiction  one  or  more  day  schools  having  an  average  at- 
t«  ndance  of  not  less  than  three  pupils,  for  the  instruction  of 
d  saf  persons  over  the  age  of  three  years,  whose  parents  or 
giardians  in  the  ca'se  of  orphans  are  residents  of  the  state  of 
}  ichigan. 

(597)  §  otMil.     Si:c.  2.     Any  board  which  shall  maintain  Report  to 

,1  ,.  .   ,1        -,      -     ,     11  superintend- 

o  ie  of  more  day  schools  for  the  instruction  of  the  deaf  shall  ent  of  public 
report  to  the  superintendent  of  public  instruction  annually, in 
a  id  at  such  other  times  as  he  may  direct,  such  facts  concern- 
ing the  school  or  schools  as  he  may  require. 

(598)  §  r>!M»r>.     SEC.  3.     The  board    of  education   of    the  Annual 
City  or  district  where  a  day  school  for  the  deaf  is  established 
shall  include  in   its  annual  budget  a   sutlicient  sum  to  main- 
tain said  school  and  out  of  said  sum  shall  pay  said  teachers 

n  onthly.     To  reimburse  said  city  <»r  district  for  such  expendi-  gjjj^*1^. 
tiire  the  state  treasurer  is  hereby  authorized  to  pay  to  the  burse  district, 
ti-easurer  of  the  proper   school  district,  out  of  the    general 
fund,  on  or  before  July  twenty  in  each  year,  upon  the  warrant 
o:  the  auditor  general,  the  actual  expense  incurred  for  teach- 
eis'  salaries  and  purchase  of  necessary  school  aippliances  by 
aay  school  district   in  support  of  a  day  school  for  the  deaf, 
\\hich  shall  have  been  conducted  in  accordance  with  this  act 
during  nine  months  of  the  school  year,  as  shown  by  vouchers 
filed  with  the  auditor  general  and  certified  to  be  correct  by 
the  superintendent  of  public  instruction:     Provided,  That  the  JJJJJJJJ1  M to 
;   total  amount   paid  on  account  of  any  one  school  district  or 
j   city  shall  not  exceed  one  hundred  fifty  dollars  for  each  deaf 
pupil  instructed   in  any  such  school  during  the  school  year, 
and  a  part  of  such  sum  proportionate  to  the  time  of  instruc- 
t  on  of  any  such  pupil  so  instructed  less  than  nine  months 
during  each  year:     And  be  it  further  provided,  That  the  title  Proviso,  as  to 
for  all   school   appliances   purchased   shall   vest  in   the  state 
and  inventory  thereof  filed  with  the  superintendent  of  public 
istruction  July  first  of  each  year. 


260 


STATE  OF  MICHIGAN. 


Vouchers, 

what  to 

to  show,  etc. 


To  be  for- 
warded to 
superintend- 
ent of  public 
instruction. 


Employment 
of  teachers, 
etc. 


"Oral" 
system  to  be 
taught. 


Deaf,  who 
considered. 


(599)  §  5966.     SEC.  4.     The  district  board  or  board    of 
education  shall  cause  to  «be  executed  monthly,  vouchers    in 
triplicate  upon  forms  prepared  and  furnished  by  the  auditor 
general  so  as  to  show  the  rate  of  salary  paid  to  instructors 
of    the   deaf  and  the    time  covered    by  such  payment,    also 
vouchers  in  triplicate  upon  forms  prepared  and  furnished  by 
the  auditor  general,  showing  the  school  appliances  purchased 
and  price  for  each  article  or  series  of  articles.     The  treasurer 
Oif  said  school  district  is  required  to  forward  two  copies   of 
these  receipted  vouchers  to  the  superintendent  of  public  in- 
struction within  the  first  ifive  days  of  «tihe  month  succeeding 
the  month  covered  iby  the  payment.     On  or  before  the  fifteenth 
of  each  month  the  superintendent  of  public  instruction  shall 
present   one  set  thereof  to  the   auditor  general   authorizing 
him  to  pay  to  the  treasurer  of  the  proper  school  district  the 
amount  covered  by  the  'certified  vouchers  presented. 

(600)  §  5967.     'Ssc.  5.     All  teachers  in  such  schools  shall 
be  appointed  and  employed  as  other  public  school  teachers 
are  appointed  and  employed.     All  persons  appointed  to  teach 
in  any  such  school  shall  have  had  special  training  for  teach- 
ing, and  shall  be  graduates  of  a  training  school  for  teachers 
of  the  deaf  by  the  "oral"  method,  and  shall  also  have  had 
special    training  in  the  teaching    of  the  deaf,  including    at 
least  one  year's  experience  as  a  teacher  in  a  school  for  the 
deaf.     The  so-called  "oral"  system  shall  be  taught  by  such 
teachers,  and  if  after  a  fair  trial  of  nine  months,  any  of  such 
children   shall  for  any  reason  be   unable  to  learn  such   oral 
method,  then  no  further  expense  shall  be  incurred  in  the  ef- 
fort to  teach  such  child,  so  unaible  to  learn  such  oral  method, 
in  such  primary  schools. 

(601)  §  5968.     SEC.  6.     For  the  purpose  of  this  act,  any 
person  of  sound  mind,  who,  by  reason  of  defective  hearing, 
cannot  profitably  be  educated  in  the  public  schools,  as  other 
children  are,  'shall  be  considered  deaf. 

Sec.  7  repeals  Act  170,  P.  A.  1899. 


PAYMENT  OF  SUBCONTRACTORS. 


An  Act  to  insure  the  payment  of  subcontractors  and  wages  earned 
and  material  used  in  constructing,  repairing  or  ornamenting  public 
buildings  and  public  works. 

[Act  1187,  P.  A.  1905.] 

The  People  of  the  State  of  Michigan  enact: 

Bond  required       (602)     §  14827.     SECTION  1.     When    public    buildings    or 
o°rsSb?cme-nt     other  public  works  are  about  to  be  built,  repaired  or  orna- 


tractors. 


men  ted  under  contract  at  the  expense  of  tire  state,  or  of  any 
county,  city,  village,  township  or  school  district  thereof,  it 
shall  be  the  duty  of  the  board  of  officers  o-r  agents,  contract- 


GENERAL  SCHOOL  LAWS.  261 

i  ig  on  behalf  of  the  state,  county,  city,  village,  township  or 
s  -hool  district,  to  require  suilicient  security  by  bond  for  ihe 
]  lyment  by  the  contractor  of  all  subcontractors  ami  for  the 
]  lyment  for  all  labor  performed  and  materials  furnished  in 
1  le  erection,  repairing  or  ornamenting  of  such  building  or 
v  orks. 

People  v.  Traves,   188/347,   416;   People  v.   Connell,   195/77. 

(603)     §  14828.     SEC.  2.     In  the  case  of  a  subcontractor,  subcontract- 
1  9  shall  give  notice  in  writing  before  payment  is  made    for  SStten1™ 
t  le  work  or  materials  furnished  by  him  to  the  said  board  of  notice, 
c  (Beers  or  agents,  that  he  is  a  subcontractor  for  the  doing  of 
>  nue  part  of  such  work  which  he  shall  specify  dn  his  notice 
t  nd  that  he  relies  upon  the  security  of  the  bond  by  this  act 
i  squired  to  be  given  by  the  principal  contractor,  and  that  in 
t  le  case  of  the  giving  of  such  notice  to  the  said  board  of 
<  Ulcers  or  agents  said  subcontractor  shall  also   notify    the 
\  rincipal  contractor  that  he  has  done  so,  and  whenever  this  when  en- 
>•  iall  have,  been  done,  the  said  subcontractor  shall  be  entitled,  benefit^ 
h  abject  to  the  rights  of  the  persons  with  whom  he  has  con-  security. etc- 
t  ['acted  for  laibor  and  materials,  to  the  (benefit  of  the  security 
«.  iven  by  the  principal  contractor,  and  to  be  subrogated    to 
the  liens  of   the  persons  who  have  performed  labor   or  fur- 
i  ished  materials  for  such  building,  repairs  or  ornamentation, 
vliom  he  shall  have  actually  paid,  but  the  subcontractor  and 
the    persons  who  shall  have    performed  labor  or    furnished 
i  uiterials  to  him   shall  not  in  the  aggregate  be  entitled    to 
receive  larger  sums  than  may  be  required  from  the  principal 
contractor  under  his  contract  with  the  subcontractor,  nor 
shall  this  act  be  construed  to  change  in  any  way  the  contract 
v  liich  may  have  been  made  between  the  principal  contractor 
5  nd   the  subcontractor,  except  when  such  contract  shall  at- 
tempt to  relieve  the  principal  contractor  as  against   the  de- 
i  lands  of  those  performing  labor  or  furnishing  materials  to 
the  subcontractor. 

People  v.  Traves.  188/423. 

One  who  takes  a  contract  unilor  the  original  contract,  and  is  to  perform 
ii  accordance  with  the  original  <  ontva-.'t,  is  a  subcontractor,  ;iml,  in  order  to 
recover  under  the  statutory  bond,  he  must  comply  with  the  statute  in  giving 
tbe  proper  notice. — People  v.  Valley  Mantel  &  Tile  Co.,  200/554. 

(G04)     §  14820.     SEC.  3.     Such  bond  gfliall  be  executed  by  Bond,  to 

Mich  contractor  jo  the,  people  of  the  state,  of  Michigan  in  such 
'amount:  and  with  such  sureli  ,all  be  approved  by  the 

board  of  oilicers  or  agents  acting  on  behalf  of  the  state,  coun- 
1y,  city,  village,  township,  or  school  district  as  aforesaid, 
and  shall  he  conditioned  for  the  payment  by  such  contractor 
to  any  subcontractor  or  by  any  such  contractor  or  subcon- 
tractor as  the  same  may  become  due  and  payable  of  all  indebt- 
edness which  may  arise  from  said  contractor  to  a  subcon- 
tractor or  party  performing  labor  or  furnishing  materials,  or 
any  subcontractor  to  any  person,  linn  or  corporation  on  ac- 
count of  any  labor  performed  or  materials  furnished  in  the 
erection,  repairing  or  ornamentation  of  such  building,  im- 


262 


STATE  OF  MICHIGAN. 


Proviso. 


Recovery 
to  be  had 
on  bond. 


Proviso. 


Further 
proviso. 


provetment  or  works :  Provided,  -however,  That  the  principal 
contractor  shall  not  l>e  required  to  make  any  payment  to  a 
subcontractor  of  sums  due  from  the  subcontractor  to  parties 
performing  labor  or  furnishing  materials,  except  upon  the  re- 
ceipt or  the  written  orders  of  such  parties  to  pay  the  sums 
due  to  them  to  subcontractors.  Such  bond  sliall  be  deposited 
with  and  held  by  isuch  board  of  officers  or  agents  for  the  u'se 
of  any  party  interested  therein. 

'Sureties  on  a  bond  given  for  the  benefit  6t  laborers  find  matorialmeu  can- 
not avoid  liability  by  showing  a  failure  of  the  municipal  authorities  to  approve 
the  bond.— People  v.  Carroll,  151/233.  People  v.  Traves,  188/410. 

(605)  §  14830.  SEC.  4.  'Such  bond  may  be  prosecuted 
and  a  recovery  bad  by  any  person,  firm  or  corporation  to 
whom  any  money  shall  be  due  and  payable  on  account  of 
having  performed  any  labor  or  furnished  any  materials  in  the 
erection,  repairing  or  ornamentation  of  any  such  building  or 
works,  in  the  name  of  the  people  of  this  state  for  the  use 
and  benefit  of  such  person,  firm  or  corporation:  Provided, 
however,  That  in  the  case  of  a  suit  for  the  benefit  of  a  sub- 
contractor, he  shall  be  required  to  allege  and  prove  that  he 
hais  paid  to  all  parties  entitled  thereto  the  full  sums  due  to 
them  for  labor  or  materials  contracted  for  by  'him:  And 
provided  further,  That  in  no  Case  brought  under  the  provi- 
sions of  this  act  shall  the  people  of  this  state  be  liable  for 
costs. 

People  v.  Traves,  188/426. 


CITIES  OF  FOURTH  CLASS. 


Single  school 
district. 


Powers  of. 


Proviso, 
reincorpor- 
ated  cities 
and  villages. 


An  Act  to  provide  for  the  incorporation  of  cities  of  the  fourth  class. 
[Extracts   from   Act  2ll'5,   P.    A.    1895,   Chap.   XXXII.] 

(60G)  §  3262.  SECTION  1.  Each  city  incorporated  under 
this  aicit  ishall  constitute  a  single  school  district.  Such  school 
district  shall  be  a  body  corporate,  by  the  name  and  style  of 

the  "public  schools  of  the  city  of "  (naming  the 

city)  and  shall  possess  the  usual  powers  of  corporations  for 
public  purposes ;  and  in  that  name  may  sue  and  be  sued,  and 
purchase,  acquire,  hold  and  dispose  of  such  real  and  personal 
property  as  is  authorized  to  be  purchased,  acquired  or  dis- 
posed of  by  'this  chapter:  Provided,  That  if  in  any  village 
reincorporated  as  a  city  or  any  city  reincorpoirated  under  and 
made  subject  to  the  provisions  of  this  act,  there  shall  be  a 
school  district  extending  beyond  the  city  limits,  or  having 
a  special  charter,  then  such  school  district  not  to  be  governed 
by  the  provisions  of  this  chapter,  but  all  the  laws  and  regu- 
lations now  governing  such  district  shall  remain  in  full  force 
and  effect  the  isame  as  if  such  city  or  village  had  not  been 


GENERAL  SCHOOL  LAWS.  263 

i  eincorporated :     Provided,  That  in  school  districts  extending  Proviso, 
1  eyond  the  city  limits  or  having  a  special  charter,  the  secre-  5Srter. 
i  any  of  such  school  dlistrict  shall  certify  to  the  various  super- 
isors  of  said  city  and  townships  the  proportionate  amount 
<  f  school  taxes  to  be  assessed  against  property  in  the  various 
v'ards  and  townships,    according  to  the  assessed    valuation 
hereof,  and  the  same  shall  be  levied,  collected  and  returned 
n  the  same  manner  as  is  (provided  for  the  levy,  collection  and 
•eturn  of  school  taxes  in  the  remainder  of  said  district  lying 
vithout  the  limits  of  said  city. 

Am.  1919,  Act  68. 

Act  279  of  19O9,  sec.  4.  as  amended,  (§  S3O7,  C.  L.  191'5)  known  as  the 
Home  Rule"  act,  In  paragraph  (f),  providing  "for  the  establishment  of  any 
.epartment"  deemed  "necessary  for  the  general  welfare  of  the  city,"  expressly 
xcepta  "public  schools." 

A  municipal  corporation  may  receive  and  hold  personal  property  in  trust 
or  educational  purposes. — Hatheway  v.  Sackett,  32/97.  Also  for  library  pur- 
•oses. — Maynard  v.  Woodard,  3t>/423. 

Exercise  of  the  veto  power  by  the  president  of  the  Bay  City  school  board. — 
jichtig  v.  Saginaw  Circuit  Judge,  180/067. 

(607)  §  326?.     SEC.  2.     The  'board  of  education  of  such  Board  of 
public  schools  shall  consist  of  six  trustees,  who  shall  'be  quali-  11'  °f 
tied   electors  of  the  school   district,  and  the  regular   annual 
election  of  school  trustees  shall  be  held  on  the  second  Monday 

of  July  of  each  year.     At  the  first  election  held  under  this  Annual 
act  two  trustees  shall  be  elected  for  the  term  of  one  year,  two  el 
for  the  term  of  two  years,  and  two  for  the  term  of  three  years 
from  the  second  Monday  of  July  of  such  year,  and  the  term 
for  which  each  trustee  is  elected  shall  be  designated  on  the 
ballot  cast  for  him.     Annually  thereafter  two  trustees  shall  Term  of 
be  elected  for  a  term  of  three  years  from  and  after  the  second  Ol 
Monday  of  July  of  the  year  when  elected  and  until  their  suc- 
cessors are  qualified  and  enter  upon  the  duties  of  their  offices. 

(608)  §  3264.     SEC.  3.     Such  annual  election  of  school  school 

tnistf*p<? 

trustees  as  above  provided  shall  be  held  at  such  places,  not  election 'of. 
exceeding  five,  in  each  city  as  the  board  of  education  shall 
designate.    In  the  designation  of  such  places  it  shall  be  the 
duty  of  said  board  to  choose  places  most  convenient  for  the 
accommodation  of  the  voters :  Provided,   That  there  shall  be  proviso, 
not  more  than  one  polling  place  in  any  one  ward.    The  polls  poUs- 
shall  be  open  at  nine  o'clock  in  the  forenoon  and  shall  con- 
tinue open,  without  intermission  or  adjournment,  until  the 
hour  of  eight  o'clock  in  the  afternoon,  at  which  time  they 
shall  be  finally  closed.    Said  election  shall  be  by  ballot  and,  Election, 
except  as  herein  otherwise  directed,  shall  be  conducted  in  all  dScte?,netc. 
respects,  including  the  manner  of  selecting  candidates,  the 
placing  of  names  of  candidates  upon  the  ballots,  the  printing 
of  the  ballots,  erection  of  booths,  etc.,  in  the  manner  and 
in  conformity  with  the  provisions  of  law  governing  in  the 
case  of  annual  township  elections.    All  the  penalties  of  the  penalties. 
general  election  law  relative  to  neglect  of  duty  or  violation 
of  the  terms  of  this  act  shall  be  applicable.    The  members  of 
the  said  school  board  shall  be  governed  by  the  same  restric- 
tions and  shall  perform  similar  duties  to  those  prescribed 


264 


STATE  OF  MICHIGAN. 


Notice  of 
election. 


Nominations. 


Election  com- 
missioners, 
duty  of. 


Election 
inspectors. 


Proviso, 
vacancies. 


Chairman. 


for  the  township  board  at  annual  township  meetings.  Notice 
of  the  time  and  places  of  holding  such  elections  shall  be 
given  by  the  secretary  of  the  board  not  less  than  fifteen  days 
before  the  said  election  by  placing  such  notices  in  three  of 
the  most  public  places  in  each  ward  of  the  city,  and  by 
publishing  a  copy  thereof  in  one  or  more  newspapers  pub- 
lished in  the  city  for  the  same  length  of  time  before  the 
election.  On  or  before  the  twentieth  day  of  June  in  each 
year  the  board  of  education  shall  appoint  three  election  com- 
missioners.  All  nominations  for  the  office  of  trustee  shall  be 
made  by  petition  signed  by  at  least  twenty-five  qualified 
electors  of  said  district.  All  nomination  petitions  shall  be 
filed  by  the  respective  candidates  with  said  election  commis- 
sioners at  least  five  days  before  the  election.  The  said  elec- 
tion commissioners  shall,  after  the  time  during  which  nomi- 
nation petitions  may  be  filed  has  elapsed,  proceed  to  deter- 
mine by  lot  the  place  which  each  candidate  shall  have  upon 
the  official  ballot;  and  thereupon  said  commissioners  shall 
cause  to  be  printed  ballots  in  the  same  manner  and  form  as 
near  as  may  be  as  now  used  in  the-  election  of  city  officers. 
They  shall  deliver  said  ballots  when  printed  to  the  secretary 
of  the  board  of  education  the  day  preceding  the  day  of  elec- 
tion. Nothing  contained  herein,  however,  shall  be  construed 
so  as  to  prevent  any  elector  from  voting  for  any  person  by 
pasting  or  writing  the  name  of  his  candidate  or  candidates  in 
pencil  on  his  ballot. 

(609)  §  3265.  SEC.  4.  The  board  of  education  of  such 
public  schools  shall  choose  one  member  of  said  board  and 
also  another  qualified  elector  of  said  city  to  act  as  inspectors 
of  election  in  each  polling  place,  and  the  electors  present  at 
the  opening  of  each  polling  place  shall  choose  another  quali- 
fied elector  of  said  district  and  the  three  together  shall  con- 
stitute a1  board  of  inspectors  for  such  election  at  such  polling 
place:  Provided,  That  no  candidate  for  trustee  shall  act  as 
inspector  of  election  and  if  any  of  said  trustees  are  so  dis- 
qualified the  board  of  education  shall  choose  another  qual- 
ified elector  to  act  as  such  inspector  of  election,  and  if 
the  persons  so  chosen  as  inspectors  of  election  shall  not  be 
present  at. the  opening  of  the  polls  or  remain  in  attendance, 
the  electors  present  may  choose  viva  voce  such  number  of 
electors  present  as  shall  constitute  a  board  of  three  inspectors 
of  such  election,  and  if  the  two  inspectors  of  election  chosen 
by  the  board  of  education  shall  be  present  at  the  opening  of 
the  polls  and  remain  in  attendance  the  electors  present  shall 
choose  one  elector  present  who  together  with  the  two  inspect- 
ors chosen  by  the  board  of  education  shall  constitute  a  board 
of  three  inspectors  of  election  for  each  polling  place.  Each 
of  said  inspectors  shall  take  the  required  oath  to  faithfully 
perform  the  duties  of  inspector  of  such  election.  Said  board 
of  inspectors  of  election  in  each  polling  place  shall  elect  one 


GENERAL  SCHOOL  LAWS.  265 

If  its  number  as  chairman  and  one  of  its  number  as  secretary 
f  the  board  of  inspectors.  The  qualifications  of  voters  at 
uch  election  or  the  school  district  meetings  shall  be  such  as 
re  or  may  hereafter  be  prescribed  by  the  general  school  law. 
?he  board  of  inspectors  shall  have  the  same  authority  and 
>ower  in  maintaining  and  enforcing  order  and  obedience 
o  its  lawful  commands  at  such  elections  and  during  the 
•anvass  of  the  votes  as  are  conferred  by  the  general  laws  of 

•  he   state  upon   school   officers  in   similar  cases:    Provided,  Proviso, 
lowever,    That  electors  shall  cast  their  votes  at  the  polling  pikce? 
dace  in  the  ward   in   which   they  reside  if  ihere  be  a  polling 
>lace  in  such  ward,  and  if  no  polling  place  is  provided  or 
leld  in  such  ward  then  the  board  of  education  of  the  said  city 
jh-all  designate  the  polling  places  where  the  voters  of  such 
A  -a  rd  having  no  polling  place  shall  vote,  and  in  such  event  the 
>oard  of  education  shall  name  in  the  notice  of  election  the 
-aid  polling  places. 

AIM.    1917,  Act  10. 

(610)  §  3266.     SEC.  5.     The  board  of  inspectors  of  each  inspectors, 
polling  place  shall  make  a  poll  list  of  names  of  persons  voting 

at  such  election  in  that  polling  place.  It  shall  also  have 
the  last  school  census  or  a  copy  thereof  present  ait  such  elec- 
tion, open  for  inspection  by  any  citizen ;  it  shall  also  have  the 
right  of  access  to  the  registration  books  of  the  several  polling 
places  of  the  city  if  it  deem  it  necessary,  and  for  that  purpose 
it  may  require  the  city  clerk  to  attend  such  election  with  such 
registers  in  the  voting  places  designated  by  the  board  of 
education. 

(611)  §  3267.     SEC.  6.     When  said  polls  shall  be  finally  Canvass, 
closed  the  board  of  inspectors  of  the  different  polling  places 

shall  proceed  publicly  to  count,  determine  and  declare  the 
number  of  votes  cast  and  for  whom,  and  shall  on  the  same 
or  on  the  next  succeeding  day  make  up  and  sign  a  statement 
in  writing  showing  the  whole  number  of  votes  cast  and  the 
number  of  votes  cast  for  each  person  for  whom  votes  were 
cast;  such  statement,  together  with  the  minutes  and  other 
papers  of  election,  shall  be  filed  with  the  secretary  of  the 
board  of  education.  The  inspectors  of  the  several  voting  Report  to 
places  shall  forthwith  report  in  writing  to  the  secretary  of 
said  board  the  number  of  votes  cast  and  for  whom,  and  the 
number  of  votes  east  for  each  person,  which  shall  be  filed  with 
the  secretary  of  the  -board  of  education.  The  person  or  per- 
sons who  shall  have  received  the  highest  number  of  votes  for 
such  ollice  of  trustee  for  the  several  terms  designated  upon 
the  ballot  shall  be  declared  elected  by  the  board  of  trustees 
without  delay,  and  if  two  or  more  persons  shall  have  received 
an  eijiial  number  of  votes  where  only  one  trustee  is  to  be 
elected,  the  said  board  of  trustees  shall  choose  one  of  said 
ersons  by  lot  as  such  trustee.  The  ballots  shall,  when  the  Ballots,  dis- 
te  shalf  have  been  declared,  be  returned  to  the  boxes  and  p( 


pe 

5 


266 


STATE  OF  MICHIGAN. 


the  boxes  be  lacked  and  sealed  and  deposited  with  the  secre- 
Oath  of  office,  tary  at  the  time  of  the  filing  of  said  statement.  Each  person 
so  declared  elected  to  the  office  of  school  trustee  under  the 
provisions  of  this  act  shall,  within  five  days  after  he  has  been 
declared  elected,  qualify  by  taking  and  subscribing  the  re- 
quired oath  of  office  and  filing  the  same  with  the  secretary  of 
the  board  of  education. 


SCHOOL  SITES. 

An  Act  authorizing  the  commissioner  of  the  state  land  office  to  sell 
sites  to  school  districts,  churches  and  cemetery  associations  from 
lands  held  by  the  state  as  tax  homestead  lands. 

[Act  2213.  P.   A.   19O9.] 

The  People  of  the  State  of  Michigan  enact: 

(612)  §  4167.  SECTION  1.  The  commissioner  of  the  state 
commis'soner  land  office  is  hereby  authorized  to  sell  sites  to  school  districts, 
churches  and  cemetery  associations  from  any  lands  held  by 
the  state  of  Michigan  as  tax  homestead  lands,  at  such  price 
as  shall  be  fixed  by  the  said  commissioner.  The  application 
for  the  purchase  of  such  sites  shall  be  made  by  the  proper 
officers  of  the  school  district,  or  the  trustees  of  the  church  or 
cemetery  association,,  upon  blanks  prepared  and  furnished  by 
the  said  commissioner  for  that  purpose:  Provided,  That  the 
said  commissioner  shall  not  sell  for  any  such  purpose  any 
land  in  excess  of  the  amount  which  may  be  necessary  for  the 
use  of  any  such  school  district,  church  or  cemetery  asso- 
ciation :  Provided  further,  That  any  land  so  sold  shall  be 
used  solely  for  the  above  purposes,  and  when  same  ceases  to 
be  used  for  such  purpose,  it  shall  revert  to  the  state  of  Mich- 
igan. 

Act  270  of  1913  (§  '5£67,  C.  L.  1915)  abolished  the  office  of  commissioner 
of  the  state  land  office  and  transferred  his  duties  to  the  public  -loauiin  com- 
mission (department  of  conservation)  and  the  superintendent  of  public  instruc- 
tion. 


may  sen. 


Application. 


Proviso. 


Further 
proviso,  use. 


DESIGNATING  SITES  OUTSIDE  OF  DISTRICT. 


Sites  outside 
of  district. 


An  Act  to  designate  school  sites  outside  of  the  boundaries  of  school 
districts  having  a  population  of  twenty  thousand  or  over,  and  to  pro- 
vide funds  for  the  purchase,  improvement,  and  use  of  the  same. 


[Act  65,  P.  A. 
The  People  of  the  State  of  Michigan  enact: 

(613)     SECTION   1.     The  qualified   school  electors   of  any 
school  district  having  a  population  of   twenty  thousand  or 


GENERAL  SCHOOL  LAWS.  267 

lore,  when  lawfully  assembled  at  an  annual  or  special  meet- 

ag.  may  designate  outside  of  the  boundaries  of  their  school 

•  istrict  by   a  majority  vote  of  those  present   such   number  of 

ites    as    may    be    desired    for    schoolhoiises    and    other   school 

mrposes.  and  may  change  the  same  by  a  similar  vote  at  any 

nnual  or  special  meeting,  or  by  the  same  vote  may  enlarge 

ny  existing  site  already  acquired   outside  of  the  boundaries 

•  f  the  district.    Whenever  the  question  of  designating  a  school  Notice  of 

ite  or  sites,  or  of  changing  or  enlarging  said  school  site  or  m 

ites  is  to  be  brought  before  a  school  meeting,  the  notice  of 

aid   meeting   shall   state   the   intention    to   vote   upon   such 

inestion:'    Provided,  That  in  any  school  district  having  a  Proviso. 

>opulation  of  twenty  thousand  or  over  in  which  the  board  of 

•duration,  by  its  special  charter,  is  given  authority  to  desig- 

iate,  procure,  and  purchase  sites,  the  board  of  education  shall 

lave  the  same  authority,  rights,  and  duties  in  designating, 

mHMiring,    purchasing,   maintaining,    improving,    using,   and 

my  other  authority,  right,  or  duty  relative  to  a  site  or  sites 

>r  other  school  property  that  it  would  have  if  said  site  or 

n-operty  were  within  the  boundaries  of  said  district.  When- 

jver  a   site  or  sites  as  herein  provided  shall  be  designated, 

leiermined,    established   or   enlarged   in    the  manner   herein 

>rovided  for,  and  the  board  of  education  of  said  district  shall 

>e  unable  to  agree  with  the  owner  or  owners  of  such  site 

ipon  the  compensation  to  be  paid  therefor,  or  for  the  land  to 

•nlarge  ilie  same,  or  in  case  such  board  of  education  of  such 

1  istrict  shall  by  reason  of  any  imperfection  in  the  title  to  said 

>ite  or  land  to  be  added  thereto,  arising  either  from  a  break 

in  the  chain  of  title,  tax  sale,  mortgages,  levies  or  any  other 

•a use,  be  unable  to  procure  a  perfect  unencumbered  title  in 

fee  simple  to  said  site  or  land  for  the  enlargement  thereof,  the 

board  of  education  of  said  district  shall  have  the  authority  to 

condemn  the  same  as  provided  in  sections  five  thousand  seven 

hundred  seventeen  to  five  thousand  seven  hundred  thirty  of 

the  compiled  laws  of  nineteen  hundred  fifteen. 

i  (114)     SEC.  2.    Whenever  a  site  or  sites  has  been  designated  May  vote 
as  provided  in  this  act  the  legal  voters  or  the  board  of  educa- l 
tion  of  the  district  designating  the  site  shall  have  the  same 
authority  to  vote  a  tax  relative  to  the  purchase,  improvement, 
and  use  of  said  site  as  they  or  it  would  have  if  said  site  were 
located   within    the  boundaries   of  said   district. 

B   'l'-.!;m-s   this    act   to   be   immediately   necossnrv   t'tr   the   public   | 

ho:iltli    n nd    safety. 


268 


STA/TE  OF  MICHIGAN. 


APPROVAL  OF  PLANS  FOR  SCHOOL  BUILDINGS. 


Plans  to  be 
submitted  to 
superintend- 
ent of  public 
instruction. 


Approval. 


Proviso, 
inspection 
during  con- 
struction. 


Condemna- 
tion of 
schoolhouse. 


Notice  to 
board  of 
education. 


When  super- 
intendent 
may  close 
buildings. 


Proviso,  plac- 
ing in  safe 
condition. 


Proviso, 
vacation  of 
order  to  close. 


An  Act  to  require  plans  for  all  school  buildings  and  for  additions  to 
school  buildings,  the  cost  of  which  shall  exceed  three  hundred  dol- 
lars, to  be  approved  by  the  superintendent  of  public  instruction;  to 
require  that  plans  and  specifications  for  the  heating  and  ventilating 
of  all  schoolhouses  be  approved  by  the  superintendent  of  public 
instruction  before  any  heating  system  is  installed  in  said  buildings; 
to  provide  a  penalty  for  the  violation  of  any  of  the  provisions  con- 
tained in  said  act;  and  to  authorize  the  condemnation  of  school- 
houses  under  certain  conditions,  (a) 

[Act   117,   P.    A.   1015.] 

The  People  of  the  State  of  Michigan  enact: 

(615)  §  5874.  SECTION  1.  No  schoolhouse  shall  hereafter 
be  erected  in  any  school  district  in  this  state,  and  no  addition 
to  a  school  building  in  any  such  district  shall  hereafter  be 
erected,  the  cost  of  either  of  which  shall  exceed  three  hundred 
dollars,  until  the  plans  and  specifications  for  the  same  shall 
have  been  submitted  to  the  superintendent  of  public  instruc- 
tion and  'his  approval  indorsed  thereon.  Such  plans  and 
specifications  shall  be  submitted  in  duplicate  and  shall  show 
in  detail  the  ventilation,  heating  and  lighting:  Provided, 
That  the  said  superintendent  of  public  instruction  shall  have 
authority  to  inspect  such  building  or  buildings  during  the 
process  of  construction  in  order  to  determine  that  the  provi- 
sions of  this  act  are  being  complied  with. 

(GIG)  §  5875.  SEC.  2.  The  superintendent  of  public  in- 
struction shall  have  authority  to  inspect  ami  condemni  srhool- 
houses.  After  an  inspection  of  a  school-house,  if  in  the  Judg- 
ment of  the  said  superintendent  oif  public  instruction  sucli 
building,  or  any  part  thereof,  is  not  in  a  safe  and  sanitary 
•condition,  notice  thereof  shall  be  given  to  the  district  board 
or  'board  of  education  of  the  district  in  which  such  ibui'lding  is 
located,  said  notice  to  be  given  at  least  six  months  preced  ing 
the  first  day  of  August.  On  the  finst  diy  of  August  foUowing 
(such  notice  given,  if  said  building  has  not  been  placed  in  a 
safe  and  sanitary  condition  by  the  district  board  or  board  of 
education,  said  superintendent  of  public  instruction  shall 
have  authority  to  close  such  building,  OT  a  part  thereof,  and 
such  building,  OT  part  thereof,  shall  not  again  be  opened  for 
public  use  until  such  building,  or  part  thereof,  shall  have 
been  placed  in  a  safe  and  sanitary  condition  to  the  satisfac- 
tion of  the  said  superintendent  of  public  instruction:  Pro- 
vided, That  after  S'uch  building,  or  part  'thereof,  has  been 
closed  for  public  use  -said  superintendent  of  public  instruc- 
tion 'shall  be  authorized  and  he  is  hereby  (required  to  have 
such  building,  or  part  thereof,  placed  in  a  safe  and  sanitary 
condition  at  the  expense  of  the  district:  Provided,  That  any 
district  board  or  board  of  education,  ibeiiig  dissatisfied  with 


(a)     Title  am.   1910,  Act  139. 


GENERAL   SCHOOL  LAWS. 


he  order  of  the  superintendent  of  public  instruction  deter- 
nining  such  school-hoiiM>  to  be  in  jin  unsafe  <>r  insanitary 
niidition.  in;iy  within  thirty  <!;iys  of  the  issuance  of  such  or- 
ler  Mini  notice  thereof,  commence  an  Mctioii  in  the  circuit 
ourt  in  chancery  for  the  county  in  which  such  school-house 
s  locMted,  against  the  superintendent,  of  public  instruction 
is  defendant,  to  vacate  Mild  set  aside  such  order  on  the  ground 
h;it  s;iid  ord<  r  is  unlawful  or  unreasonable;  in  which  suit 
!  e  superintendent  <;f  public  instruction  shall  be  served  with 
nbpuena  Miid  M  copy  of  the  complaint. 

Tl      S   :>S7C>.     Si:r.  :'».     No   tax    voted   by  a  district  meet- Tax  not  to  be 
ig.  or  other  competent  authority  in  any  such  school  district 
\ceed ing  the  sum  of  three  hundred  dollars  for  building  pur- 
shall  be  expended  by  the  district   board  or  board    of 
•dncation  of  such  district  un<til  the  superintendent  of  public 
nsiniction  shall  c<Mtify  that  the  plans  'and  specifications  for 
he  same  comply  with   the  provisions  of  this  act. 

i  IMS i  Si:c.  1.  No  heating  system  shall  hereafter  be  in- 
Called  in  any  schoolhoiise  in  tliis  staite,  nor  shall  any  1  leal- 
in»-  system  be  replaced  by  anot'her  heating  system  in  any 
>choo!li(Mise  of  this  state,  until  the  plans  and  specifications 
for  the  same  shall  have  been  submitted  to  the  superintendent 
>f  public  instruction  and  his  approval  endorsed  thereon.  The  ventilation, 
plans  and  specifications  shall  make  provision  for  ventilation 
either  as  a  part  of  or  in  connection  wlith  the  heating  system 
and  shall  be  submitted  in  duplicate  to  the  superintendent  of 
public  instruction. 

Added  19 19,  Act  139. 


(01!)  i      Si;r.  r>.     It.  shall  be  unlawful  for  any  officer,  board,  unlawful  to 
< -oin mil  tee.  architect,  builder,  civil  engineer,  plumber,  carpeii-  approved1 
ter,    mason,   contracior.    subcontractor,   foreman,-  or   employe  p^an>  etc* 
to  vary  from  pbms  and  specilicafions  approved  by  the  super- 
intendent   of  public   instruction   without    his  written  consent, 
or  otherwise   violate,   or   B&OBl     in    violating  any  of  the  pro- 
visions contained     in    this  act.     Any  person,  board,    firm,  or  Penalty. 
corporation,    who   violates   any   of   the  provi>inns   of    this   act 
shall  be  deemed  guilty  of  a  misdemeanor,  and  upon  conviction 
thereof  shall  be  punished  by  a   line  not    to  exceed  one  hundred 
dollais  or  imprisonment    in    the  county  jail   for  a   j>eriod    of 
not    to  exceed   thirty  days,  either  or  both   in   the  discretion  of 
the  court. 

Added  Id. 


270 


STATE  OF  MICHIGAN. 


Bonds,  ex- 
empt from 
taxation. 


SCHOOL  BONDS. 

An  Act  to  exempt  from  taxation  bonds  hereafter  issued  by  any  county, 
township,  city,  village  or  school  district  within  the  state  of  Michigan. 

[Act  88,  P.   A.   1909.] 

The  People  of  the  State  of  Michigan  enact: 

(620)  §  4194.  'SECTION  1.  A'll  (bonds  hereafter  issued  by 
any  county,  township,  city,  village  or  school  district  within 
the  state  of  Michigan  ^pursuant  to  statute  are  hereby  exempted 
from  all  taxation. 

Sec.   2  repenls  inconsistent  acts. 


May  borrow 
money  on 
bonds. 


Amount  of 
loan. 


An  Act  to  prescribe  and  limit  the  power  of  school  districts  having  a 
population  of  more  than  fifteen  thousand  and  less  than  one  hun- 
dred thousand  to  borrow  money  and  issue  bonds  of  such  district 
therefor,  and  to  repeal  all  acts  and  parts  of  acts  inconsistent  here- 
with. 

[Act  <U5'0,   P.  A.   191(5.] 

The  People  of  the  State  of  Michigan  enact: 

(621)  §  5865.  SECTION  1.  Any  school  district  within 
the  state  of  Michigan,  whose  population  shall  exceed  fifteen 
thousand  and  be  less  than  one  hundred  thousand,  shall  have 
power  and  authority  to  borrow  money  and  issue  bonds  to  an 
amount  mot  greater  in  any  one  year  than  five  per  cent  of  the 
total  assessed  valuation  of  said  district,  nor  to  a  total  amount, 
including  all  outstanding  bonded  indebtedness  of  said  district, 
exceeding  eight  per  cent  of  the  assessed  valuation  of  said  dis- 
trict, and  at  a  rate  of  interest  not  to  exceed  that  which  may 
be  paid  on  school  bonds  issued  under  the  provisions  olf  the 
general  school  laws,  subject,  however,  to  all  provisions  of  law 
now  or  hereafter  in  force  relative  to  the  submission  to  the 
electors  of  such  district  of  any  or  all  questions  relative  to 
such  borrowing  of  money  and  issuing  of  bonds  therefor. 

Am.   1919,  Act  113;    1021,  Act  45. 

The  issuance  of  bonds  for  school  purposes  by  a  city  after  the  enactment 
of  Act  No.  150,  P.  A.  1915.  transferring  said  authority  from  the  city  to  the 
school  authorities,  was  ultra  vires,  and'  a  decree  restraining  such  contemplated 
action  was  entered  in  the  appellate  court. — MacQueen  v.  City  Com.  of  Port 
Huron,  194/S30. 

Sec.  2  repeals  all  acts  or  parts  of  acts,  whether  local  or  general,  in  anywise 
conflicting  with  the  provisions  of  this  act. 


GENERAL  SCHOOL  LAWS.  27 


\n  Act  to  authorize  school  districts  in  cities  having  a  population  of 
more  than  two  hundred  fifty  thousand  and  comprising  a  single 
school  district  to  borrow  money  to  make  permanent  improvements 
by  the  issue  and  sale  of  bonds. 

[Act  220.  P.  A.   1919. ] 
The  7Yo/>/r  of  tin'  Mate  of  Mirh if/an   enart : 

(6-- 1  SKCTIOX  1.  Whenever  the  board  of  education  of  when  certain 
any  school  district  in  any  city  having  a  population  of  010*8 
Mian  two  hundred  fifty  'thousand  and  comprising  a  single 
school  district  by  resolution  determines  to  purchase  any 
buildings.  <u-  sites  for  buildings,  playgrounds,  atlnletiic  fields, 
or  other  lands  which  it  is  authorized  to  purchase;  or  to  insti- 
tute >cou dem nation  proceedin'gs  to  acquire  any  buildings  or 
sites  for  buildings,  playgrounds,  athletic  fields,  or  other  lands 
which  it  is  authorized  'to  acquire;  or  to  erect  or  equip  build- 
ings which  it  is  authorized  to  erect  or  equip;  or  to  make  any 
other  permanent  improvement  which  it  is  authorized  to 
make,  and  the  common  council,  city  commis'sion  or  other  legis- 
lative body  of  the  city  in  which  said  district  is  situated  snail 
by  resolution  consent  to  amd  approve  of  the  resolution  by 
which  said  'board  of  education  so  determines,  said  school  dis- 
trict may,  to  purchase  said  buildings,  sites  or  other  lands, 
or  to  pay  awards  made  in  said  condemnation  proceedings, 
or  to  erect  or  equip  said  buildings,  or  to  make  any  other  said 
permanent  improvement,  borrow  money  by  the  issue  and  sale 
of  bonds. 

ii;i!3)     SEC.  2.     Definition.     The    word's  "a    single    school  "single 
district"  as  herein  used  -shall  signify  the  principal  or  domi-  trie™ defined, 
nating  district  in  any  city  in  which  there  is  a  principal    or 
dominating  district  and  but  paTts  of  other  districts  in  out- 
lying sections,  and  shall  signify  also  the  school  district    in 
any   city   wherein    the  territorial   limits  of  said  district  and 
the  jurisdiction  of  its  board  of  education  are  coterminous  and 
coextensive  with  the  territorial  limits  of  said  city. 

(  r»:M  >     SKC.  3.     Bonds  issued  and  sold  hereundier  shall  be  Bonds,  desig- 
designated   (ieneral   Public    Improvement  Bonds,  School  Bis- B 

trict  of (here  is  to  be  inserted  the  name  of 

the  city  in  which  said  district   is  situated)  ;  they  may  be  is-  HOW  issued, 
sued  and  sold  on  the  faith  and  credit  of  said  district  for  a  etc* 
tixed  term  of  years,  not  exceeding  thirty,  payable  at  the  end 
thereof  <>r  in  serial  form  with  pro  rata  apportionment  of  sums 
payable  annually;  to  bear  interest,  payable  semi-annual ly,  at 
a  rate  not  to  exceed  six  per  centum  per  annum;  to  be  payable, 
both  principal  and  interest,  in  gold  coin  of  the  United  States 
of  the  standard  of  weight  and  fineness  as  of  their  date,  or  in 
lawful  money  of  the  I'nited  States;  and  in  amounts,  manner 
and  form  determined  as  herein  provided. 

i  r.LT)  i      SKC.  4.     The  board  of  education  of  said  district  may  Resolution  t 

time  'to  time  by  resolution  determine  to  issue  and  sell  lssue> 
bonds  hereunder  on  the  faith  and  credit  of  the  district  ;  in  its 


272 


STATE  OF  MICHIGAN. 


When 
approved 
by  electors. 


Sale  of 
bonds. 


said  resolution  said  board  shall  determine  the  sum  of  the 
bonds  to  be  then  issued  and  sold,  the  term  of  years  for  or  over 
which  they  ishall  run,  and  a  maximum  rate  oif  interest,  pay- 
where  trans-  able  semi-annually,  thereon.  Said  resolution  shall  ibe  trans- 
mitted to  the  legislative  body  of  the  city  in  which  the  district 
is  situated  and  said  legislative  body  may  consent  to  and  ap- 
prove of  the  contemplated  issue  -and  sale  of  said  bonds  if  up- 
on the  issue  and  sale  thereof  the  gross  debt  oif  said  district 
will  not  be  in  excess  of  two  per  centum  of  the  assessed  value 
of  all  the  real  and  personal  property  in  said  district ;  or  may, 
at  its  option,  submit  the  same  to  the  electors  oif  said  district 
at  .any  election,  general  or  special ;  or  may  refuse  to  consent 
to  and  approve  thereof,  which  refusal  'shall  not  preclude  re- 
newal of  the  project  to  issue  and  -sell  said  bonds.  Iff  said 
legislative  body  'consents  to  and  approves  o>f  the  contemplated 
issue  and  sale  of  said  bonds  or  if  a  majority  of  said  electors 
voting  thereon  approve  the  >same  and  !by  the  issue  and  sale 
thereof  the  gross  debt  of  said  district  will  not  be  in  excess 
of  two  per  centum  of  the  assessed1  value  of  all  the  real  and 
personal  property  in  said  district;  or  if  three-fifths  of  the 
electors  voting  thereon  approve  the  contemplated  issue  and 
•sale  of  said  bonds  and  by  the  issue  and  sale  thereof  the  gross 
debt  of  said  district  will  not  be  in  excess  of  five  per  centum 
of  the  assessed  value  of  all  the  real  and  personal  property  in 
said  district,  said  legislative  body  shall  by  resolution  dieter- 
mine  the  amounts  of  the  several  bonds  which  are  to  make  up 
the  sum  of  those  to  be  issued  and  sold,  the  medium  in  which 
principal  and  interest  will  be  payable,  and  where  the  same 
will  be  payable,  and  direct  the  controller  or  other  like  minis- 
terial officer  of  said  city  to  advertise,  in  manner  and  form  and 
for  a  time  by  said  legislative  body  prescribed,  for  sealed 
proposals  to  be  by  said  ministerial  officer  received  to  a  day 
and  hour  in  said  'resolution  fixed,  or  for  open  proposals  to  be 
received  at  an  auction  of  said  bonds  to  be  conducted  by  :>a:i<l 
ministerial  'officer  in  the  meeting  place  of  'said  legislative  -body 
on  .a  day  and  at  an  hour  in  said  resolution  fixed,  proposals 
to  ibe  for  said  bonds  at  the  greatest  premium  above  par  ami 
the  rate  of  interest  in  said  resolution  named,  not  greater  than 
the  maximum  determined  upon  by  said  board  of  education, 
or  at  par  and  -the  lowest  rate  of  interest  named  in  l!u>  pro- 
posals, all  proposals  to  indicate  whether  bonds  are  desiml 
to  be  payable  at  rthe  end  of  the  term  of  years  for  or  over 
which  they  are  to  run  or  in  serial  form  with  pro  rata  appor- 
tionment of  amounts  payable  annually.  Said  legislative  body 
may  accept  proposals  or  may  reject  them,  and  may  direct  said 
ministerial  officer  to  further  advertise  for  proposals. 

(626)  SEC.  5.  Whenever  said  legislative  body  shall  accept 
proposals  for  bonds  it  shall  by  resolution  determine  its  ac- 
ceptance thereof,  authorize  the  sale  of  said  bonds,  determine 
the  form  of  the  bonds  to  be  issued  and  sold,  consistent  with 
said  acceptance,  and  direct  said  ministerial  officer  to  prepare 


May  reject, 
etc.,  pro- 
posals. 


When  propo- 
sals accepted. 


GENERAL  SCHOOL  LAWS.  273 

i  ie  same  as  coupon  bonds  or,  if  the  purchaser  thereof,  shall 
1  ave  so  elected,  as  registered  bonds.  This  resolution  shall 
1  a  transmitted  to  said  board  of  education  and  if  it  be  ratified 
1  y  resolution  of  .said  board  said  ministerial  officer  shall  so 
j  repare  said  bonds. 

KJl'Tl      Sr.r.   (i.      Said    bonds   shall    be  signed    by    the   presi- Who  to  sign, 
.  eni  of  said  board  of  education  and  bear  the  seal  of  said  school  etc- b( 

<  istrict;  be  dated,  numbered  and  recorded  as  may  be  by  law 

<  irected  as  to  bonds  of  the  city   in    which  said  district  is 
Mtuated:  be  countersigned  by  the  mayor  or  other  like  execu- 
tive ollicer  of  said  city  and  by  said  ministerial  officer  thereof 
j  nd  be  attested   by   the  city  clerk    of  said   city;  and  be  de- 
]  Tered  to  the  treasurer  of  sail  I  school  district  who  shall,  upon 
i  lie  outside  fold  thereof,  certify  over  his  signature  and  otlicial 
.  itle  that 


"This  l)ond  has  been  issued  and  sold  in  compliance  wilh 
law;  has  been  duly  entered  in  the  books  of  this  office;  and 
the  par  value  of  same,  and  all  premiums  on  sale,  and 
interest  accruing  before  delivery,  have  been  paid  into 
this  office." 


pon  payment  to  him  of  the  moneys  payable  under  the  ac-  Delivery, 
•epted  proposals  therefor,  with  interest  accrued  to  date  of 
delivery,    said    treasurer   shall   deliver    said    bonds   to   those 
entitled   thereto.     Premiums   and   accrued   interest  shall   be 
<  Ted  it  ed   to  the  interest  fund.     Principal   shall   be  used  only  Premiums, 
or  purposes  for  which  said  bonds  were  issued  and  sold,  and  credited6™ 
shall  be  controlled  and  disbursed  as  is  by  law  directed  with 
eference  to  other  funds  of  said  district.    Principal  and  inter- 
•  *st  shall  be  paid,  and  exchange  of  coupon  bonds  for  registered 
M>nds  shall  be  made,  as  is  by  law  directed  with  reference  to 
ike  matters  related  to  other  bonds.    No  bonds  shall  be  issued  NO  bonds  at 
ind  sold  hereunder  at  less  than  par,  nor  if  disapproved  on  a  '*' 
referendum,  but  disapproval  shall  not   preclude  re-submission 

•  >r  renewal  of  project  to  issue  and  sell  said  bonds. 
i  ill's  i  Si:r.  7.  In  the  annual  budget  of  said  board  of  Annual 
education  there  shall  be  included  and  appropriated  sums  to  inclu 
lie  raised  by  taxation  sufficient  to  pay  interest  on  bonds  issued 
and  sold  hereunder  and  to  pay  principal  due  on  serial  bonds 
at  maturity;  in  said  budget,  to  provide  a  sinking  fund  for  sinking  fund, 
the  payment  of  bonds  payable  at  the  end  of  a  'fixed  term  of 
years,  there  shall  be  included  and  appropriated  each  year 
prior  to  the  fiscal  year  in  which  said  bonds  mature  at  least 
a  pro  rat  a  part  of  seventy-live  per  centum  of  the  principal 
thereof,  to  be  raised  by  taxation,  and  in  the  budget  of  the 
fiscal  year  in  which  said  bonds  mature  there  shall  be  included 
and  appropriated  amounts  to  be  raises!  by  taxation  sufficient, 
with  the  amounts  previously  provided  and  the  increment 
ereof,  to  pay  said  bonds  at  maturity. 


thereof,  tc 


274 


STATE  OF  MICHIGAN. 


Provisions 
construed. 


Maximum 
gross  debt. 


Laws 
applicable. 


Participating 
officers  ex- 
officio  officers. 


(629)  SEC.  8.    The  provisions  hereof  are  supplemental  to, 
and  are  not  to  repeal,  other  provisions  of  law  under  which 
bonds  of  said  district  are  authorized  to  be  issued  and  sold, 
but  no  bonds  shall  be  issued  and  sold  hereunder  by  authority 
of  said  board  of  education  and  legislative  body,  even  though 
approved  by  a  majority  vote  of  the  electors,  which,  with  other 
bonds  of  the  district,  will  make  the  gross  debt  of  said  district 
in  excess  of  two  per  centum  of  the  assessed  value  of  all  the 
real  and  personal  property  in  the  district.  Bonds  may,  how- 
ever, be  issued  and  sold  lierenn-der  which,  with  other  bonds 
of  said  district,  will  make  said  gross  debt  in  excess  of  said  two 
per  centum,  if  approved  by  a  three-fifths  vote  of  the  electors 
voting  thereon  at  any  election,  general  or  special,  but  in  no 
case  shall  bonds  be  issued  and  sold  hereunder  which  with 
other  bonds  of  the  district  will  make  said  gross  debt  in  excess 
of  five  per  centum  of  said  assessed  value. 

(630)  SEC.  9.     All  provisions  of  law  which  require  that 
the  proceedings  of  said  board  of  education  or  legislative  body 
be  submitted  to  the  executive  officer  of  said  city  and  which 
regulate  the  procedure  of  said  board  or  body  on  a  veto  of  said 
proceedings   shall   apply    concerning   the   issue   and   sale   of 
bonds  hereunder. 

(631)  SEC.  10.     All  officers  of  the  city  in  which  said  dis- 
trict is  situated,  herein  given  participation  in  matters  relat- 
ing to  the  issue  and  sale  of  bonds  hereunder,  and  those  upon 
whom  participation  therein  would  devolve  under  revision  or 
amendment  of  any  special  or  local  act,  are  for  the  purposes 
hereof  made  ex-officio  officers  of  said  district. 


Bond  issue. 


An  Act  to  provide  for  a  sinking  fund  in  certain  school  districts  and 
the  investment  thereof  and  to  authorize  the  levy  of  taxes  to  pay 
principal  and  interest  of  bonds  issued  under  the  provisions  of  act 
number  one  hundred  fifty  of  the  public  acts  of  nineteen  hundred 
fifteen,  entitled  "An  act  to  prescribe  and  limit  the  power  of  school 
districts  having  a  population  of  more  than  fifteen  thousand  and 
less  than  one  hundred  thousand  to  borrow  money  and  issue  bonds  of 
such  district  therefor,  and  to  repeal  all  acts  and  parts  of  acts  in- 
consistent herewith,"  approved  May  seven,  nineteen  hundred  fifteen, 
and  to  repeal  all  acts  and  parts  of  acts  inconsistent  herewith,  (a) 

[Act  2GG,   P.   A.   1917.] 

The  People  of  the  State  of  Michigan  enact: 

(632)  SECTION  1.  The  board  of  education  or  other  legis- 
lative body  of  any  school  district  which  shall  have  heretofore 
issued  or  shall  hereafter  issue  bonds  under  the  provisions  of 
act  number  one  hundred  fifty  of  the  public  acts  of  nineteen 
hundred  fifteen,  entitled  "An  act  to  prescribe  and  limit  the 


(a)      Title  am.  1921,  Act  20. 


GENERAL  SCHOOL  LAWS.  275 

]  ower  of  school  districts  having  a  population  of  more  than 

!  fteen    thousand    and    less    than    one   hundred    thousand    to 

1  orrow  money  and  issue  bonds  of  such  district  therefor,  and 

i  )  repeal  all  acts  and  parts  of  acts  inconsistent  herewith," 

,  pproved  May  seven,  nineteen  hundred  fifteen,  shall  provide  TUX  to  i«iy 

;  imually  for  the  levy  and  collection  of  a  direct  tax  upon  all  iSindpafon, 

i  he  taxable  property  in  such  school  district  sufficient  to  pay 

i  he  interest  on  such  bonds  as  it  falls  due,  and  also  to  pay  and 

Hisdiarge  the  principal  thereof  at  maturity. 
S.T.   "2  repeals  all  acts  or  parts  of  acts,  whether  local  or  p-nrral,  in  ;m.v\vis«> 
inflicting  with  the  provisions  of  this  act. 

(CM)     SEC.  3.    All  sums  of  money  raised  by  tax  or  other-  sinking fumi. 
/ise  received  by  any  school  district  for  the  purpose  of  paying 
nd  discharging  the  principal  of  the  bonded  indebtedness  of 
aid  school  district,  or  any  part  thereof,  shall  be  placed  and 
:ept  in  a  separate  fund  known  as  the  "sinking  fund." 

Add. -<1    1  !r_!.    Art    L'O. 

MJoli     SEC.   4.     The   treasurer  of   said   board   or   district  Moneys,  etc., 

-hall   have  the  custody  of  all  moneys,   securities  and  other011 
evidences  of  value  belonging  or  pertaining  to  the  sinking  fund 

ind  shall  pay  out  the  moneys  of  said  fund,  or  transfer  the 
securities  or  evidences  of  value  therein,  only  upon  the  order 
•  >f  a  majority  of  the  school  board  or  board  of  education,  and 

ipon  a  written  order  of  the  president  and  secretary  of  said 

>oard. 


Added    Id. 


i  (Jo."))     SEC.  5.     The  school  board  or  board  of  education  of  Debts,  oay- 
any    school    district  having  funds    in  its  sinking    fund     may  " 
'nun  time  to  time,  upon  the  best  terms  it  can  make,  purchase 
•  >r  pay  the  outstanding  debt  of  said  school  district,  or  such 
•art   thereof  as  it  may  be  able  to  purchase  or  pay,  until  the 
<ame  be  fully  purchased  or  paid.    All  bonds  and  evidences  of  Bonds,  etc., 
lebis  thus  purchased  or  paid  shall  be  delivered  to  the  treas-  edited, 
urer,  shall  belong  to  the  sinking  fund,  and  the  interest  thereon  etc- 
<hall    be   credited    and    belong  to   such    fund.     The    treasurer  Endorsement. 
>hall  endorse  upon  the  back  of  all  bonds  so  purchased  by  said 
school    board    or   board  of  education   the  following:  "Regis- 
tered bonds,  not   transferable  without  the  written  consent  of 
the    president,    secretary    and     treasurer    endorsed     hereon." 
Whenever  the  said  school  board  or  board  of  education  cannot 
arrange  for  the  purchasing  or  paying  of  such  debt  or  any  part 
thereof,  it  may  temporarily  and  until  it  can  so  arrange,  in- 
vest the  moneys  belonging  to  said   sinking  fund   in   interest- 
bearing  securities  and   may  from  time  to  time  as  it  deems  ad- 
visable, sell  such   securities,   and   re-invest    the  proceeds  as 
herein  provided :     Provided,  however,    That  the  moneys  be-  Proviso, 
longing  to  said  sinking  fund  shall  be  invested  only  in  public  h( 
improvement,  municipal,  state  and  government  bonds. 

Added  Id. 


276 


STATE  OF  MICHIGAN. 


Treasurer 
to  keep 
record,  etc. 


(636)  SEC.  6.  The  treasurer  of  such  school  district  shall 
keep  a  record  In  a  proper  book  provided  for  that  purpose  of 
the  moneys  and  securities  on  hand  in  said  sinking  fund  and 
of  the  transactions  relating  thereto,  and  shall  from  time  to 
time  and  whenever  requested  by  said  school  board,  or  board 
of  education,  make  a  complete  report  concerning  the  same; 
and  the  proper  officers  of  said  school  district  shall  make  such 
reports  concerning  the  transactions  relating  to  said  sinking 
fund  as  may  be  required  by  the  superintendent  of  public  in- 
struction, or  other  authority,  in  connection  with  the  handling 
of  the  funds  of  said  school  district. 

Added  Id. 


School  meet- 
ing to  vote 
taxes  in  cer- 
tain cities. 


Notice. 


Notice  of 
taxes  voted 
given  to 
city  clerk. 


VOTING,  ETC.,  SCHOOL  TAXES  IN  CERTAIN  CITIES. 

An  Act  relative  to  voting,  assessing  and  collecting  school  taxes  in  city 
school  districts,  and  to  provide  for  the  collection  of  school  taxes 
with  the  city  taxes  therein. 

[Act  '337,  P.  A.  ili9H9.] 

The  People  of  the  State  of  Michigan  enact: 

(637)  SECTION  1.    In  any  school  district  composed  entirely 
of  territory  situated  in  any  city  or  cities  in  this  state,  having 
a  population  not  exceeding  sixty   thousand   inhabitants   ac- 
cording .to  the  last  regular  government   census,   a   meeting 
of  the  qualified  electors  of  said  district  shall  be  held  upon,  the 
fourth  Monday  of  April  of  each  year,  for  the  purpose  of  voting 
and   determining  such   school   taxes  for  the  ensuing  school 
year  as  are  required  by  law  to  be  voted  and  determined  by 
the  electors  of  the  school  district.     Notice  of  the  day,  hour, 
place  and  purpose  of  said  meeting  of  electors  shall  be  given 
by  the  secretary  of  the  board  of  education,  by  posting  notice 
thereof  in  at  least  twelve  public  places  in  said  district,  at 
least  ten  days  before  said  meeting,   and  by  publication   in 
one  or  more  of  the  city  papers,  if  any,  in  said  district,  at  least 
six  times  within  ten  days  next  preceding  said  meeting.    If  no 
daily  paper  is  published  in  the  district,  the  notice  shall  be 
published   at  least   once   in   a   weekly   newspaper  published 
therein. 

(638)  SEC.  2.    The  board  of  education  of  said  school  dis- 
trict shall,  between  the  fourth  Monday  in  April  and  the  sec- 
ond Monday  in  May  in  each  year,  make  out  and  deliver  to  the 
city  clerk  of  each  city  in  which  any  part  of  the  district  is 
situated,  a  report  in  writing  under  their  hands  of  all  taxes 
voted  by  the  district  during  the  preceding  year,  and  of  all 
taxes  which  said  board  is  authorized  to  impose,  to  be  levied 
on  the  taxable  property  of  the  district. 


GENERAL  SCHOOL  LAWS.  277 

(GoO)      Si;c.  3.     On  or  before  the  fourth  Monday   in  May  Assessor  fur- 
i  i  each  year,  the  clerk  of  each  city  in  which  any  part  of  said  !!wi  copy,  etc. 
s  'lino]  district  is  situated  shall  deliver  to  the  assessing  officer 
rr  officers  of  his  city,  a  certified  copy  of  all  statements  on  file 
i  i  his  office  of  moneys  authorized  to  be  raised  by  taxation  in 
j- lid  school  district  for  school  purposes.     Said  school  taxes 
t  lall  be  assessed  upon  the  taxable  property  of  said  school 

<  istrict  upon  the  next  succeeding  assessment  roll  of  said  city 
(  r  cities,  and  the  same  proceedings  shall  be  taken  for  the  col- 
]  action  thereof  as  for  the  collection  of  city  taxes  in  said  city 

<  r  cities :     Provided,  however,  That  taxes  already  assessed  proviso. 

;  nd  in  process  of  collection  at  the  time  this  act  shall  take  JSSsSdLWUiy 

<  ffect   shall  be  collected,   and   proceedings   taken   in   regard 
i  hereto,  as  provided  by  the  laws  relating  thereto  at  the  time 

his  act  takes  effect. 

(040)     Si:c.  4.     In  all  proceedings  in  relation  to  the  assess-  Powers  of 
•  ion!,  spreading  and   collection  of  taxes  for  school  purposes  l'lsrk>  etc* 

11  said  district,  and  in  relation  to  the  receipt  and  dishurse- 

N  joent  of  all  moneys  belonging  to  said  school  district,  the  city 

;  ssessing  officer  or  officers,  city  clerk  and  city  -treasurer   of 

he  city  or  cities  in  which  said  district  is  situated,  dball  have 

ike  powers  and  duties  as  are  prescribed  by  the  laws  of  this 
state  for  township  supervisors,  township  clerks  and  township 
•"Treasurers,  respect  ivelv,  except  as  in  this  a>ct  otherwise  pro- 

<  ided. 

HJ  ID      Si;c.  5.     Except   as  provided'  otherwise  in  this  act.  General  law 
he  provisions  oif  the  general  school  laws  of  this  state  and  u 
,-my  local  act    in  force  in  such  district  relative  to  voting,  as- 
ttessing    and  collecting  school    taxes,  shall  continue  ami    be 
n  full   force  and  effect. 

i  <ili' i     s DC.  (;.     This  act  shall  not  be  in  force  and  take  ef-  Referendum. 
Vet.  in  any  school  district  until  a  majority  of  .the  voters  vot- 
n.ir  on  such  proposition  shall  vote  in  favor  of  the  same.  Such 
n-oposiiion  may  be  submitted  to  the  voters  of  any  school  <lis 
ri< -t  at  such  lime  or  times  as  the  board  of  education  of  such 
listrict   shall  iletermiue.  and   when  submitted,  the  ballot  foi'Formof 
v-oting  thereon  shall  be  in  substantially  the  following  form: 

Shall   this   school  district   adopt  act  number of 

i  he  public  acts  of  nineteen  Imndml  nineteen,  -being  "An  Act 
relative  to  voting.  BSBeSfling  and  collecting  school  taxes  in 
city  school  districts,  and  to  provide  for  the  collection  of 

•  school  taxes  with  citv  taxes  therein?" 
Y,s     (     ). 
No     (      ). 

Whenever,  upon  a  canvass  of  the  vote  upon  the  said  prop- 
osiiion.  it  shall  he  determined  that  a  majority  of  the  voters  tion. 
voting  upon  such  proposition  have  voted  in  favor  of  the  same. 
the  secretary  of  the  board  of  education  shall  make  cert iticates 
of  such  determination  under  Ihe  corporate  seal  of  the  dis- 
trict, one  of  which  he  shall  tile  in  the  office  of  the  county 
clerk  of  the  county,  one  in  the  office  of  the  clerk  of  the  city  or 


278 


STATE  OF  MICHIGAN. 


Rfcsubmission 
of  question. 


cities  in  which  such  district  i®  situated,  and  another  shalll  be 

effective  file(1  in  hiS  °Wn  °ffice'      Tnis  aot  shal!l  ^e  in  effect  in  sai<l  dis- 

trict on  and  after  the  filing  of  said  certificates  as  aforesaid. 

(643)  SEC.  7.  If  any  school  district  lias  elected  to  come 
under  the  provisions  of  this  act,  such  district  may  at  any  time 
after  two  years,  upon  a  petition  signed  by  a  number  of  quali- 
fied electors,  not  less  than  fifteen  per  cent  of  the  number  of 
electors  voting  at  the  last  preceding  election  in  said  district, 
resutomit  the  question  of  the  continuance  or  discontinuance 
of  this  act  within  such  district.  The  form  of  the  proposition 
for  the  resuibmissioin  of  the  question  shall  be  drafted  by  the 
board  of  education  when  submitted  at  any  succeeding  special 
or  general  election. 


Factory 
inspectors, 
power  to 
condemn. 


Doors  to 
open  out- 
ward. 


Penalty. 


FIRE  PROTECTION  IN  THE  SCHOOLS. 

[Extract  from   Act   286,    P.    A.    1009.] 

(644)  §  5334.  SEC.  13.  Factory  inspectors  shall  have 
power  to  condemn  all  ischool'houses  ntf  in  their  opinion  they 
are  unsafe  and  liable  to  collapse  and  'cause  the  lives  of  chil- 
dren to  be  endangered;  also  factory  inspectors  shall  have 
power  to  order  fire  escapes  on  all  manufacturing  establish- 
ments, hotels,  stores,  theaters,  schools,  frails,  public  and  office 
buildings  two  or  more  stories  in  height,  and  apartment  houses 
three  or  more  stories  in  height,  if  in  the  opinion  of  the  fac- 
tory inspector  it  be  necessary  to  insure  the  safety  of  persons 
in  such  'places ;  said  fire  escape  or  means  of  egress,  o>r  as  many 
thereof  as  may  be  deemed  sufficient  by  the  inspector,  shaill  be 
provided,  and  where  it  is  necessary  to  provide  fire  escapes  on 
the  outside  of  such  (building  they  stall  consist  of  landings 
and  balconies  at  each  floor  above  the  first,  to  be  built  accord- 
ing to  specifications  provided  by  the  factory  inspector.  All 
doors  in  schoolhouses  and  the  doors  of  the  capitol  building  and 
all  state  institutions  shall  open  outward.  Factory  inspectors 
shall  in  writing  notify  the  owner,  agent  or  lessee  of  such 
manufacturing  establishments,  liotelis,  stores,  theaters,  schools, 
halls,  apartment  'houses  and1  public  and  office  buildings  of  the 
required  location  and  speclficationis  of  sucjh  escapes  as  may 
be  ordered  and  as  to  all  failures  to  comply  with  the  provisions 
of  this  act.  Any  person,  firm  or  corporation,  or  any  member 
of  any  school  board,  who  shall  violate  or  clause  to  be  violated 
any  of  the  provisions  of  this  section,  or  shall  fail  or  refuse  to 
erect  or  cause  to  be  erected  any  fire  escape  ordered  by  any 
factory  inspector,  under  authority  of  this  section,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  upon  conviction  shall 
be  fined  not  less  than  one  hundred  dollars  nor  more  than  one 
thousand  dollars,  or  imprisoned  for  not  less  than  three  months 
nor  more  than  one  year,  or  by  both  such  fine  and  imprison- 
ment in  the  discretion  Of  the  court. 

See  sec.   263. 


GENERAL  SCHOOL  LAWS.  279 


ESTABLISHMENT,  ETC.,  OF  HIGHWAY  TO  SCHOOL 
BUILDING. 

[Extract  from  Chap.  I,  Act  2S3.  P.  A.  1009.] 


(645)      §  4207.     SEC.  10  *  'The  said   township   board  Highway  to 

s  lall  cause  to  be  established  and  improved  a  public  highway  SSooLpul 
t  »  each  and  every  public  school  (building  in  any  organized 
s  hool  district  in  every  township,  and  where  a  'highway  is 
si  ready  laid  out  and  established,  and  not  improved  and  made 
1  issable  to  any  such  public  school  building,  the  said  board 
s  i all  cause  the  same  to  be  so  improved  and  made  passable 
f  rr  public  use. 


n  Act  to  provide  for  the  direction  and  supervision  of  the  instruction 
and  training  of  the  inmates  in  all  institutions  in  this  state  where 
juvenile  delinquents  are  confined  or  detained  by  order  of  any  court, 
parent  or  guardian,  and  to  authorize  the  superintendent  of  public 
instruction  to  direct  and  supervise  the  instructfon  and  training  of 
the  inmates  in  said  institutions. 


I  [Act  137,  P.  A. 

7'A r  Pi-oplv  of  the  State  of  Michigan  enact: 
(646)     SECTION  1.     The  superintendent  of  public  inistruc-  instruction, 
tion  is  hereby  authorized  to  supervise  and  direct  the  instruc-  tatn SmStcs. 
tion   and    training  of   the    inmates   in   all   pufblic  institutions 
ii  the  xtate  where  juvenile  delinquents  are  con/fined  or- detain- 
ed by  order  olf  any  court,  parent  or  guardian.     No  course  of  Approval, 
study  shall  be  pursued  in  any  of  such  institutions  which  shall 
rot  have  been  appn>\ed  by  the  superintendent  df  public  in- 
struction,   and    he  shall    prescribe  for    each  institution    the 
course  of  study  it  shall  follow. 

HJ17)     SBC.  2.     No  person  shall  be  permitted  to  teach  in  Ajnvoinii  o( 
my  public  institution   of  this  state,  as  provided  in   this  act,  qualifications, 
whose  educational  qnalilicat  ions  shall  not   have  been  approved 
l>y  the  superintendent  of  -public  instruction. 

Added  1019,  Act  17. 


An  Act 


authorizing  cities,  villages,  counties,  townships  anl  school  dis- 
tricts to  operate  systems  of  public  recreation   and   playgrounds. 

B[Act  ISO,   P.   A.    1017.] 
The  People  of  the  Std(<    of  Mh-h'ujnn  enact: 
(648)      SECTION-   1.     Any   city,   villa-e.  COttttty   or   township.. 
may  operate  a  system  of  pnblir  recreation  and   play-num 
acquire,  equip  and  maintain  hind,  buildings  or  other  re< 


280 


STATE  OF  MICHIGAN. 


tiona'l  facilities;  employ  a  superintendent  of  recreation  and 
assistants;  Vote  and  expend  funds  for  the  operation  of  such 
system. 

idem.  (649)  SEC.  2.  Any  school  district  may  operate  a  system 

of  public  recreation  and  playgrounds,  may  vote  a  tax  to  pro- 
vide funds  for  operating  same,  and  may  exercise  all  other 
powers  enumerated  in  section  one. 

operation  of.  (650)  SEC.  3.  Any  city,  village,  county,  township  or 
school  district  miay  operate  such  a  system  independently  or 
they  may  co-operate  in  its  conduct  in  any  manner  in  which 
they  may  mutually  agree ;  or  they  may  delegate  the  operation 
of  the  system  to  a  recreation  board  created  by  any  or  all  of 
them,  and  'appropriate  money,  voted  for  this  purpose,  to  such 
board. 

conducted y  be  ('651 )-  SEC.  4.  Any  municipal  corporation  or  board  given 
charge  of  the  'recreation  system  is  authorized  to  conduct  its 
activities  on  (1)  property  under  its  custody  and  manage- 
ment; (2)  other  public  property,  under  the  custody  of  other 
municipal  corporations  or  boards,  with  the  consent  olf  such 
corporationis  or  boards;  (3)  private  property,  with  the  con- 
sent of  the  owners. 


Use  granted. 


Rules  and 
regulations. 


Applicants 
responsible 
for  damages, 
etc. 


An  Act  authorizing  school  boards  to  permit  the  use  of  school  grounds 
and  schoolhouses  as  community  or  recreation  centers  for  the  enter- 
tainment and  education  of  the  people  and  for  the  discussion  of  all 
topics  tending  to  the  development  of  personal  character  and  civic 
welfare;  to  provide  payment  for  janitor  service  and  other  expenses 
incident  thereto;,  and  to  repeal  all  acts  or  parts  of  acts  inconsistent 


herewith. 


[Act  31i8,  P.  A.  1017.] 


The  People  of  the  State  of  Michigan  enact: 

(652)  SECTION  1.  The  school  board  of  any  city,  village, 
township  or  school  district  in  this  state,  upon  the  written 
application  of  any  responsible  'organization  located  in  said 
school  district,  or  of  a  group  of  at  least  seven  citizens  of  said 
school  district,  .shall  grant  the  use  of  all  school  grounds  and 
schoolhouses  as  community  or  recreation  centers  for  the  en- 
tertainment and  education  of  the  people,  including  the  adults 
and  children  of  school  age,  and  for  the  discussion  of  all  topics 
tending  to  the  development  of  personal  character  and-  of  civic 
welfare.  'Such  occupation,  however,  shall  not  seriously  in- 
fringe upon  the  original  and  necessary  uses  of  such  properties. 
The  school  iboard  in  charge  of  such  buildings  shall  prescribe 
such  rules  and  regulations  for  their  occupancy  and  use  as 
herein  pirovided  as  will  secure  a  fair,  reasonable  and  impartial 
use  of  the  same.  The  organization  or  group  of  citizens  apply- 
ing for  the  use  of  /properties  as  specified  above  shall  be  re- 
sponsible for  any  damage  done  them  over  and  above  the  ordi- 


GENERAL  SCHOOL  LAWS.  281 

i  try  wear.  ;uid  shall,  if  required,  pay  the  actual  expense  in 
c  irred  for  janitor  service,  light  an<l  heat 


Sec.   2   n-pi-nls  all  acts  or  parts  of  acts  inconsistent  with  the  provisions  of 

tl    S    art. 

PROVIDING  HOMES  FOR  TEACHERS. 

A  i  Act  to  authorize  any  school  district  to  vote  a  tax,  or  to  issue 
bonds  for  the  purpose  of  building  and  furnishing  a  home  for  the 
teachers  employed  in  the  district,  and  for  the  purpose  of  buying  a 
site  for  such  home. 

[Act  TO.  P.  A.   192.1.] 

The  People  of  the  State  of  Michigan  enact: 

(653)  SECTION  1.  The  qualified  school  electors  of  any 
s  ihool  district  when  lawfully  assembled  at  the  first  and  at 
e  ich  annual  meeting  or  at  an  adjournment  thereof,  or  at 
a  ay  special  meeting  lawfully  called,  shall  have  power  to  vote 
s  ich  tax  as  the  meeting  shall  deem  sufficient  to  purchase  or 
L-ase  a  site  or  sites,  and  to  build,  hire,  or  purchase  a  home 
fir  the  use  of  the  teachers  employed  in  the  district,  and  to 
v)te  a  tax  necessary  to  furnish  said  home.  And,  any  school 
district  may,  by  a  majority  vote  of  the  qualified  school  electors 
o;  said  district  present  and  voting  at  an  annual  meeting  or  at 
a  special  meeting  called  for  that  purpose,  borrow  money,  and 
niay  issue  bonds  of  the  district  therefor,  to  paj  for  the  erec- 
t  on  of  a  home  for  the  use  of  the  teachers  employed  in  the 
district,  to  pay  for  the  furnishing  of  the  same,  and  to  buy  a 
s:te  for  such  home.  The  district  board,  or  board  of  education, 
s'lall  estimate  the  amount  of  money  necessary  to  be  raised  and 
siall  state  their  estimate  in  the  notices  of  the  annual  or 
special  meeting,  at  which  the  question  of  borrowing  money 
and  issuing  bonds  shall  be  submitted  to  the  people;  and  at 
s.iid  meeting  the  voters  shall  have  power  to  ratify  by  vote 
aforesaid  the  estimate  of  the  district  board,  or  board  of  edu- 
cition,  or  to  fix  a  new  limit  on  the  amount  to  be  borrowed 
and  for  which  bonds  may  be  issued :  Provided,  That  in  all 
proceedings  under  this  section,  the  district  board  and  one  iaspectoYs 
person  selected  by  the  qualified  voters  present  at  said  meet- 
ing shall  constitute  a  board  of  inspectors,  who  shall  cause  a 
poll  list  to  be  kept  and  a  suitable  ballot  box  to  be  used,  and 
tie  polls  shall  be  kept  open  at  least  two  hours.  The  votes 
s  tall  be  by  ballot,  cither  printed  or  written,  or  partly  printed 
and  partly  written,  and  the  canvass  of  the  same  shall  be 
c  inducted  in  the  .same  manner  as  at  township  elections,  or  as 
f;ir  as  the  laws  governing  the  same  are  applicable,  and  when 
s.i id  laws  are  not  applicable  the  board  of  inspectors  shall  pre- 
s  -ribe  the  manner  in  which  the  canvass  shall  be  conducted. 


0_J.ilk/Xy       111V,       II 


282 


STATE  OF  MICHIGAN. 


Bonds, 
form,  etc. 


Authorized 
to  impose 
tax. 


(654)  SEC.  2.     Whenever  any   school  district  shall  have 
voted  to  borrow  any  sum  of  money  for  said  purpose,  the  dis- 
trict board  of  such  district  is  hereby  authorized  to  issue  the 
bonds   of  such  district  in  such  form,  and  executed  in  such 
manner  by  the  moderator  and  director  of  such  district,  and 
in  such  denominations,  not  less  than  fifty  dollars,  as  such 
district  board  shall  direct,  and  with  such   rate  of  interest, 
not  exceeding  six  per  centum  per  annum,   and  payable  at 
such  time  or  times  as  the  said  district  shall  have  directed. 

(655)  SEC.  3.    Whenever  any  money  shall  have  been  bor- 
rowed by  any  school  district  for  the  purpose  aforesaid,  the 
board  of  education  of  such  district  is  hereby  authorized,  at  a 
legal  meeting  of  said  board,  to  impose  a  tax  on  the  taxable 
property  in  such  district,  for  the  purpose  of  paying  the  prin- 
cipal thus  borrowed,  or  any  part  thereof,  and  the  interest 
thereon,  to  be  levied  and  collected  as  other  school  district 
taxes  are  collected. 


An  Act  to  fix  the  salary  of  the  superintendent  of  public  instruction 
of  the  state  of  Michigan. 

[Act  28.   P.  A.  1-921.] 

The  People  of  the  State  of  Michigan  enact: 

Annual  salary.  (656)  SECTION  1.  From  and  after  the  first  day  of  July, 
nineteen  hundred  twenty-one,  the  salary  of  the  superintendent 
of  public  instruction  shall  be  five  thousand  dollars  per  annum, 
which  shall  be  paid  monthly  out  of  the  general  fund  in  the 
state  treasury  upon  the  warrant  of  the  auditor  general  in  the 
game  manner  as  the  salaries  of  other  state  officers  are  paid. 

Sec.  2  repeals  inconsistent  acts. 


INDEX. 


INDEX. 


The  references  are  to  compiler's  sections. 

A. 

/  CADEMIES  AND  INCORPORATED  EDUCATIONAL  INSTITUTIONS: 

with  whom  to  file  certain  reports 270 

j  CCEPTANCE  OF  OFFICE: 

neglect  to  file,  vacates  office 47 

certain,  filed  with  and  recorded  by  director 50, 121 ,331 

penalty  for  failure  of  district  officer  to  file 140 

,  CCOUNTS: 

school  district,  superintendent  of  public  instruction  to  audit,  etc 19 

director  to  keep,  of  expenses 66 , 122 

of  members  of  board  of  school  examiners,  with  whom  filed 294 

,  CTION: 

against  school  districts,  how  brought,  etc 95-101 

relative  to  obtaining  schoolhouse  site 102-16 

certain,  to  be  commenced  by  president  township  board  of  education 312 

etc.,  by  board  of  education  in  certain  cities  validated 548 

.  DDITION: 

to  school  building,  when  approved  by  superintendent  of  public  instruction. .  615-17 

,  DJOURNMENTS: 

of  district  meetings 45 

of  proceedings  to  obtain  schoolhouse  site 112 

,  OMISSION  OF  PUPILS: 

resident 63 

non-resident 64 

to  high  schools 122 

to  kindergarten 252 

to  normal  school 469 

j.DULT  BLIND  PERSONS: 

instruction,  etc.,  of 419-22 

ADVANCED  COURSES  OF  STUDY: 

authorized  in  certain  school  districts 495 

at  which  children  may  attend  school 252 ,329 

at  which  education  is  compulsory 403 

AGENTS  H>K  .<(   IK  >OL  BOOKS,  ETC.: 

officers,  teachers,  etc.,  not  to  act  as. . ,  145,  295 

AGRICULTURAL  COLLEGE: 

Michigan,  superintendent  of  public  Instruction  to  supervise  instruction  in 19 

co-operative  work  with,  by  counties 579 

president  of,  member  of  board  of  control  for  vocational  training 584 

AGRK  I  LI  I  HAL  EXTENSION  WORK: 

assenting  to  grant  of  moneys  from  U.  S.  for 582-91 

AGRICULTURAL  SCHOOL: 

examinations  for  admission  to 298-99 

rural,  act  providing  for  establishment  of 559-77 

division  of,  into  classes 560 

AGRICULTURAL  SITES: 

board  of  education  may  acquire 548 

AGRICULTURE,  COUNTY* SCHOOLS  OF: 

(See  countv  schools  of  agriculture.; 
M.COHOLIC  DRINKS: 

text-books  considering  nature  and  effects  of,  how  approved 60,312 

\L1KNS: 

not  eligible  to  office 49 

\LMSHOUSES: 

children  in,  not  included  in  census 67 

ALTERATION: 

In  boundaries  of  districts 33-36 

of  schoolhouse,  board  may  vote  tax  for 

of  schoolhouse  sites 

in  boundaries  of  graded  school  districts 

of  boundaries  of  township  school  districts 344 

"AMKKR 

applicant  for  eighth  grade  diploma  to  memorize .  -(>s 

ANNK.XA  1  : 

of  rural  district  to  rural  agricultural  school -"'''I 

ANNEXED  TERRITORY: 

union  of  school  district  in,  to  other  district 195 

A.NNUAL  ELECTION: 

of  trustees  in  cities  of  fourth  class .  .  607-8 


286  INDEX. 

The  references  are  to  compiler's  sections. 

ANNUAL  MEETING: 
(See  district  meetings.) 

ANNUAL  REPORT:     (See  report.) 

ANNUAL  SCHOOL  ELECTION: 

in  districts  of  third  class,  when  held 365 

notice  of,  how  and  when  given 

ANNUITY: 
when  school  teacher  entitled  to 447 

ANNULMENT  OF  CERTIFICATES: 

by  state  board  of  education 272 , 467-68 ,476 

by  county  board  of  school  examiners. . . .  292 

APPARATUS: 

tax  may  be  voted  for  purchase  of 45 

APPEAL: 

how  made  from  decision  of  township  board 117-19 

from  action  of  board  changing  township  district  to  primary  district 347 

from  action  of  board  of  education  relative  to  transportation,  etc.,  of  pupils.  .  567 

APPENDAGES  TO  SCHOOLHOUSE: 

tax  may  be  voted  to  provide 45 

to  be  provided  by  director 66 

APPLICATION: 
for  use  of  schoolhouse,  etc.,  as  recreation  center 652 

APPOINTMENT: 

deputy  and  assistant  superintendent  of  public  instruction 20 

of  building  committee,  for  schoolhouse  site 45 

duties  of 45 

clerk  of  district  meeting  in  director's  absence -. 45 ,332 

district  officers  in  case  of  vacancy , 48 

person  to  take  school  census 67 ,336 

district  trustees  in  case  of  vacancy 121 ,333 

member  of  board  of  school  examiners  in  case  of  vacancy 286 

county  commissioner  of  schools  in  case  of  vacancy 296 

conductor  of  teachers'  institute 401 

of  truant  officers 409 

APPORTIONMENT: 

of  property  on  division  of  district 11, 37-38 , 399 

of  primary  school  interest  fund 22-24 

by  township  clerk  of  moneys  to  districts 75 

of  moneys  raised  by  taxes 76 

township  treasurer's  duties  relative  to 76 

of  one-mill  tax 78 

on  division  of  districts,  of  moneys 83 , 344 

division  of  district,  of  tax  assessed  before,  and  collected  after 83 

in  fractional  districts,  of  moneys  collected 86 

of  library  moneys 134 , 136 

APPRAISAL: 

of  school  property,  when  township  board  of  education  to  make 327 

APPROPRIATION: 

for  payment  of  tuition,  etc.,  of  certain  pupils 45 

for  rural  agricultural  schools 576 

of  sum  equal  to  allotment  of  federal  moneys  for  vocational  education 582 

APPROVED  LIST: 

schools  placed  upon,  not  to  exceed  two  in  county 558 

ART  TEACHER: 

act  to  define  qualifications  of ' 254-56 

ASSESSMENT  OF  TAXES: 
(See  taxes.) 

ASSESSOR: 
(See  treasurer.) 

ASSISTANT  SUPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

appointment,  duties  and  salary  of 20 

superintendent  of  public  instruction  may  employ,  for  instruction,  etc.,  of  adult  blind  per- 
sons    421 

ASSOCIATIONS: 

teachers  may  form 437-39 

ASSOCIATIONS  FOR  ESTABLISHING  LOAN  FUNDS: 

number  that  may  incorporate 497 

articles  of  association,  what  to  contain 499 

classification  of  members 500 

funds  of,  how  used 501 

election  of  officers,  when  held 502 

ASSUMPSIT: 

against  school  district,  justice  of  peace  to  have  jurisdiction 95 

ASYLUMS: 
children  in,  not  included  in  census 67 

ATHLETIC  FIELDS: 

board  of  education  may  acquire  land  for 548 

ATTACHMENT: 

to  enforce  attendance  at  certain  proceedings 106 

ATTORNEY  GENERAL: 

to  approve  text-book  dealer's  bond 

when  to  prosecute  text-book  dealer's  bond 239 

AUDITOR  GENERAL: 

when,  to  reimburse  district  maintaining  county  normal  training  classes 535 

to  transmit  statement  to  legislature  of  state  aid  furnished  rural  agricultural  schools 

amounts  due  for  vocational  education  certified  to 588 


INDHX.  287 

The  references  are  to  compiler's  sections. 

B. 
B  vLLOT: 

'orm  of,  on  question  of  bond  Issue  for  free  public  libraries 151 

on  question  of  registration  of  electors  In  certain  city  school  districts 228 

on  question  of  disbanding  township  school  district 304 

for  election  relative  to  organization  of  township  district 303 

on  question  of  uniting  two  township  districts 353 

for  election  school  district,  third  class,  who  to  prepare 373 

arrangement  of  names  on 373 

In  submission  of  question  to  classify  certain  school  districts 381 

used  at  special  election  to  decide  question  of  rural  high  schools 513 

at  district  election  for  bonding 316 

election  of  officers  to  be  by 46 , 90 , 122 , 330 

school  election,  party  emblems  not  to  be  placed  upon 221 

3   VRROOM: 

children  not  permitted  In 432 

I  (LLIARDS: 

children  not  permitted  where,  are  played 432 

I  LIND  BABIES: 

act  to  provide  for  care  and  maintenance  of 423-27 

1  LIND  CHILDREN: 

compulsory  education  of 417-18 

transportation  of  indigent,  or  parents  of 418 

truant  officer  to  investigate  and  report 418 

1  LIND,  MICHIGAN  SCHOOL  FOR  THE: 

(See  Michigan  school  for  the  blind.) 
]  OARD  OF  APPEALS: 

who  to  constitute,  in  appeals  from  township  board 117 

]  OARD  OF  CONTROL: 

for  vocational  education,  who  to  compose 584 

]  OARD  OF  COUNTY  AUDITORS: 

certain  expenses  audited  by 294 

]  OARD  OF  EDUCATION: 

when,  may  borrow  money  to  pay  teachers'  wages 

to  report  taxes  voted 55 

to  make  annual  census 67 

when  to  make  triplicate  reports  to  superintendent  of  public  instruction 72 

to  estimate  amount  necessary  for  sites,  etc '.»»> 

authorized  to  impose  tax  to  pay  school  expenses,  etc 94 

service  of  process  against  school  district  made  upon  president  of 96 

to  apply  for  jury  in  suit  to  obtain  sites 103 

in  graded  school  districts,  election  and  powers  and  duties  of 120-22 

to  have  charge  of  library 126 

report  of,  relative  to  libraries 133-34 

may  sell  library  books 138 

to  provide  for,  for  certain  cities I04-»>r> 

election  of,  in  newly  organized  city  school  district 

first  meeting,  of,  when  held 171 

to  be  body  corporate 178 

division  by,  of  city  district  into  precincts 207-15 

may  divide  city  school  districts  into  election  precincts 216-24 

to  name  members  board  of  registration,  etc 

candidates  for,  nominated  by  petition 

report  to,  of  violations  of  text-book  act 239 

qualifications  of  certain  teachers,  may  hire 255 

to  establish  optional  course  of  military  training -•">'.) 

township,  powers  and  privileges 303 ,312 

secretary,  relative  to  books,  etc.,  of  district 

who  to  constitute,  term  of  office,  etc 306 

when  to  meet,  officers,  etc 

to  establish,  etc.,  library 

when,  may  borrow  money 

president  of,  duties 

treasurer  of,  duties 

when  to  present  estimate  of  money  needed 

statement  of,  relative  to  schools 

powers  of,  relative  to  text-books 

not  to  act  as  agents  of  publishers 

when  may  commence  action  to  set  aside  certain  order  of  superintendent  of  public  in- 
struction    616 

powers  of,  In  cities  of  250.000 383-97 

authority  of,  to  change  city  districts 

to  certify  amount  to  be  raised  for  schools  in  city  districts 

school  district  of  third  class,  number  of  members,  etc 

may  call  special  elections 

nomination  of  members,  how  made 

canvass  of  election  returns  by 

secretary  of,  duty  in  election 

powers  and  duties  of 

when  may  appoint  truant  officers 

to  furnish  superintendent  with  cf-nsus  list 

duty  of,  relative  to  fraternities,  etc 

authority  of,  to  provide  for  free  public  libraries 147-48 


in  graded,  etc.,  school  districts  to  engage  instructors  in  phvsical  education 401 

of  certain  school  districts  authorized  to  establish  advanced  courses  of  study. . 


495 

to  vote  tax  for  payment  of  tuition  and  transportation  of  pupils " 522 ,526 


288  INDEX. 


The  references  are  to  compiler's  sections. 

BOARD  OF  EDUCATION—  Continued. 

when,  to  furnish  text-books  free  to  certain  children 527 

in  certain  cities  may  vote  to  establish  county  normal  training  class 531 

when  may  select  member  of  county  normal  board 532 

to  estimate  cost  of  maintaining  county  normal  training  classes 535 

when  county  clerk  to  draw  order  in  favor  of,  for  county  normal  training  classes 536 

in  certain  cities,  may  control,  etc.,  college  of  medicine  and  surgery 540-46 

certain  actions,  etc.,  by,  validated 547 

act  authorizing,  to  acquire  lands  for  school,  etc.,  sites 548 

when,  may  establish  day  schools  for  the  deaf 549 

of  consolidated  rural  school  district,  election  of 562 

of  consolidated  school  district,  election  of 562 

term  of  office  of  members  of 562 

funds  of  districts  turned  over  to 563 

may  designate  rural  agricultural  school  site 562 

report  of,  relative  to  vocational  education 591 

in  cities  of  fourth  class,  of  whom  to  consist,  election,  etc 607-10 

one  member  of,  to  act  as  election  inspector  for  election  of  trustees 609 

(See  state  board  of  education.) 

BOARD  OF  INSPECTORS: 

at  election  to  vote  on  issuance  of  bonds,  who  to  constitute 90 

at  election  of  school  trustees,  powers,  duties,  etc 609-10 

to  make  poll  list  of  voters  at  election  of  trustees 610 

BOARD  OF  INSTRUCTION: 
of  state  normal  school,  may  grant  certificates 467-68 

BOARD  OF  LIBRARY  COMMISSIONERS: 
(See  state  board  of  library  commissioners.) 

BOARD  OF  REGISTRATION: 

in  school  district  of  third  class,  who  to  be 369 

BOARD  OF  SCHOOL  EXAMINERS: 


(See  county  board  of  school  examiners.) 
BOARD  OF  SUPERVISORS: 


may  establish  free  public  library 160 

to  appoint  members  of  board  of 161 

certain  school  expenses  audited  by 294 

to  fill  vacancy  in  office  of  county  commissioner  of  schools 296 

to  vote  on  establishment  of  county  normal  training  classes 531 

amount  to  appropriate  for 535 

appropriation  of  money  by,  county  schools  of  agriculture,  manual  training  and  domestic 

science 549 

to  elect  members  of  county  school  board 550 

when  may  co-operate  with  agricultural  college 579 

BOARD  OF  TRUSTEES: 

of  graded  school  districts,  election  and  term  of  office  of 120 

officers  of,  how  elected,  etc 121 

vacancy  in  office  of,  how  filled 121 

powers  and  duties  of 122 , 253 

consent  of,  to  be  obtained  in  alteration  of  district 123 

of  village,  when  to  issue  bonds  for  free  public  libraries 149 

to  establish  optional  course  of  military  training 259 

financial  statement  of  district  to  be  published  by 264 

penalty  for  neglect  of  duties 265 

of  township  school  district,  term  of  office,  etc 306 

election  of,  in  certain  township  districts  under  special  act 327 

in  cities,  proceedings  in  changing  boundaries  of  districts 348 

of  city  districts,  proceedings  relative  to  change  in 348 

of  rural  high  schools,  when  and  how  elected 514 

term  of  office 514 

meetings  of,  when  held 

special,  how  called 515 

powers  of 

salary  and  duties  of  secretary  of 516 

election  of,  in  cities  of  fourth  class 608 

of  consolidated  rural  school  districts,  election  of ,  etc .' 562 

may  establish  day  schools  for  the  deaf 596-601 

BOARDS: 

authorized  to  examine  teachers,  to  collect  fees 398 

BONDED  INDEBTEDNESS: 

per  capita  tax  to  pay  interest  on,  certain  districts 94 

BONDS! 

of  treasurer,  by  whom  approved  and  where  filed 

majority  vote  required  to  raise  money  and  issue,  in  school  districts 

limitations  as  to  amount  and  time  to  run 

tax  may  be  voted  to  redeem 

how  may  be  paid 

liability  of  county  treasurer  on 109 

on  appeal  from  decision  of  township  board 

of  treasurer  of  board  of  education  in  graded  school  districts 

townships,  etc.,  authorized  to  issue,  for  free  public  libraries 149 

school  districts,  etc.,  may  issue,  for  public  libraries 155-59 

issue  of,  in  city  school  districts,  purposes 183 

to  be  filed  by  text-book  dealer 236 

approval  and  renewal  of 

when  may  be  declared  forfeited 

county  commissioner  of  schools  to  file 

of  treasurer  of  township  school  district 315 


INDEX.  289 


The  references  are  to  compiler's  sections. 

ONDS — Continue*!. 

\\  hen  township  school  district  may  issue 316 

treasurer  of  township  board  of  education  to  give 332 

of  truant  officer,  amount,  where  filed,  etc 409 

amount  of,  of  treasurer  of  state  board  of  education 472 

for  maintenance  of  free  public  libraries  in  cities 148 

of  contractor  to  secure  payment  of  sub-contractor 602 

recovery  to  be  had  on 605 

exemption  of  school,  from  taxation 620 

amount  of,  school  districts  may  Issue 621 

school  districts  In  certain  cities  may  Issue,  for  Improvements 622-31 

1  district  may  issue,  for  teachers'  home. 653-55 

who  to  adopt,  for  rural  high  schools 515 

(See  record  books,  library  books  and  text-books.) 

BOUNDARIES: 

notice  of  formation  of  school  districts  to  contain 27 

when  township  board  may  alter,  of  school  districts 33 

who  to  cause  map  made  showing,  of  school  districts 73 

where  filed 73 

consent  of  trustees  necessary  to  change,  of  graded  school  districts 123 

when  township  board  may  divide  or  change,  of  primary  school  district 190 

procedure  on  change  of,  of  township  school  district 344 

of  certain  township  districts,  how  altered : 327,352-55 

of  school  district  in  city  of  250,000 385 

BRANCHES: 

of  study  to  be  given  In  the  public  schools 60 

3UDGET: 

annual,  of  school  district  In  cities  of  250,000,  how  prepared 386 

•  hool  district  in  certain  cities,  what  to  include 628 

BUILDING  COMMITTEE: 

voters  may  appoint,  for  schoolhouse  and  prescribe  duties 45 

BUILDING  FUND: 

what  deemed,  how  used,  etc 45 

BUILDINGS: 

rural  agricultural  school,  to  be  community  centers 565 

!          approval  of  plans  for 566 

school,  superintendent  of  public  instruction  may  condemn,  etc 615-17 
AU  OF  INFORMATION: 

llshment  of,  in  office  of  superintendent  of  public  instruction 406 

BUS]  \AGER: 

in  city  school  district,  election  of ,  etc 185 

1C. 
CANVASS: 

of  votes  at  school  elections 220 

of  votes  in  school  district  of  third  class,  by  precincts 

of  votes  at  election  of  school  trustees 611 

CARDS: 

children  not  permitted  where,  are  played 415 

CARLETON  DAY: 

•  >1  '-ervance  of,  In  public  schools 269 

-US  OF  SCHOOL  DISTRICTS: 

n  and  how  taken 67,312,326 

penalty  for  false  Information  to  enumerators  of 

\vheri  enumerators  of,  guilty  of  misdemeanor 

fity  school  districts,  wno  to  provide  for 

list  of,  to  be  furnished  teachers 410 

CENTRAL  MICHIGAN  NORMAL  SCHOOL: 

act  to  establish 480-81 

certain  department  to  be  maintained  at -J'-'t; 

i  1  !(  'ATI- 
district  board  to  deliver  to  township  clerk,  of  taxes  to  be  assessed 

of  instruction  in  physiology,  when  filed  by  teacher 

copy  of,  to  be  filed  by  director  with  township  clerk 

to  supervisor,  of  taxes  to  be  assessed  for  school  purposes < 3 ,80,337 

of  court  in  proceedings  to  obtain  site,  what  to  contain 

who  may  be  granted,  as  kindergarten,  music,  drawing,  domestic  science  or  art  teacher.. .         254-55 

school  teachers',  granted  only  to  citizens  of  U.  S 

when  granted,  renewals,  etc 

when  state  board  of  education  may  grant  to  normal  school  graduate 

when  certain  teachers',  to  be  filed  with  commissioner  of  schools 

of  teachers  in  home  economics  in  rural  agricultural  schools 

endorsement  of 568 

rr.K TIFICATES  OF  GRADUATION: 

from  county  normal  training  classes,  who  to  grant  ^33 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS: 

aon-pOOMOBiOD  of,  makes  contract  invalid 

regents  of  university  may  grant  certain 

two  regular  examinations  for.  each  year 

county  commissioner  to  sign,  etc 

when  board  of  school  examiners  may  renew,  without  examinations 

how  must  be  signed 

-different  grades  of •  291 

requisite  qualifications  to  obtain 


37 


290  INDEX. 

The  references  are  to  compiler's  sections. 

CERTIFICATES  OF  QUALIFICATION  TO  TEACHERS—  Continued. 

when,  may  be  suspended  or  revoked 292 , 467-68 , 476 

list  of  teachers  having,  to  be  furnished  township  clerk 293 

record  of,  to  be  kept  t>y  county  commissioner  of  schools 293 

fee  to  be  paid  on  obtaining 398 

when  granted  to  pupils  of  normal  school 467 

state  board  of  education  may  issue 476 

to  issue,  in  normal  schools 496 

of  county  normal  training  classes,  what  to  qualify 534 

how  may  be  renewed 534 

CHAIRMAN: 

duties  of,  first  meeting  of  district 27 

of  district  meeting,  to  give  oath  to  challenged  voter 43 

may  arrest  disorderly  persons 44 

may  be  appointed  in  aosence  of  moderator , 45 

penalty  for  neglect  of,  of  first  meeting  of  district  to  perform  duties 139 

CHALLENGE: 

of  voter  at  district  meetings 43 ,308 

of  juror  in  proceedings  to  obtain  site 106 

CHARITABLE  INSTITUTIONS: 

constitutional  provisions  relative  to 17 

CHILDREN: 

payment  of  tuition  of  certain 11 

when  census  list  of  school,  to  be  taken 67 , 336 

compulsory  education  of 408-1 3 

duties  of  police  officers  relative  to  certain 409-13 

not  permitted  in  saloons,  gambling  houses,  etc 

employment  of ...» 433 

how  admitted  to  rural  high  schools 515 

of  indigent  parents,  when  unable  to  attend  school 527-30 

(See  pupils.) 

CHIPPEWA  COUNTY: 
proviso  as  to  election  of  county  commissioner  in 287 

CHRISTMAS: 

observance  of  by  public  schools 267 

CIRCUIT  COURT  COMMISSIONER: 
to  be  member  of  board  of  appeals 117 

CITIES: 

of  125,000  or  over,  qualifications  for  voting  at  school  elections  in 42 

when  census  in,  to  be  compiled 67 

to  provide  for  boards  of  education  for  certain 164-66 

organization  of  school  districts  in  certain 167-89 

consolidation  of  school  districts  in 198-206 

division  of  school  districts  of,  into  precincts 207-15 

examination  of  teachers  in  certain 

certain,  exempt  from  provisions  of  township  district  act 305 

proceedings  when,  become  part  of  township  district •. 305 

act  relative  to  boundaries  of  school  districts  in 

of  250,000,  powers  of  board  of  education  in 383-97 

when  state  board  of  education  may  issue  life  certificates  to  certain  graduates 476 

board  of  education  may  control,  etc.,  college  of  medicine  and  surgery 540-46 

certain  actions,  etc.,  by  board  of  education  in,  validated 

certain,  when  police  officers  in,  to  act  as  truant  officers 409 

schools  in  certain,  to  teach  physical  training 494 

maintenance  of  free  public  libraries  in 147-48 

of  fourth  class,  to  constitute  single  district 

board  of  education  in,  election,  etc 607 

of  over  250,000,  school  districts  in,  may  borrow  money  for  improvements 622-31 

of  60,000  or  under,  voting,  etc.,  school  taxes  in 637-43 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  play  grounds 648-51 

CITY  SCHOOL  DISTRICTS: 

when  property  of  annexed  district  vested  in 

union  of  district  with,  when  territory  annexed 

board  of  education  may  divide,  into  election  precincts,  referendum 216-24 

CITY  TREASURER: 
ex-officio  treasurer  of  city  school  district 179 

CLAIMS: 
against  board  of  education  city  school  district,  how  paid,  etc 

CLERK: 

director  to  be,  of  district 

who  to  be,  of  district  board  of  education 

of  board  of  trustees  of  rural  high  schools 513 

COLLECTION: 

relative  to  the,  of  school  taxes 77-86 

of  judgments  against  districts 97-101 

of  fines  for  injuring  library  books > 

of  penalties 141-42,144,258,266 

of  damages  for  not  reporting  and  assessing  taxes 

of  institute  fees  from  teachers 418 

COLLEGE  OF  MEDICINE  AND  SURGERY: 
board  of  education  in  certain  citiesTnay  control,  etc 540-46 

COLLEGE  OF  MINES: 
entitled  to  report  of  superintendent  of  public  instruction 507 

COLUMBUS  DAY: 
observance  of,  by  public  schools 267 


INDEX.  291 

The  references  are  to  compiler's  sections. 

(   OMMERCIALTEACHKK: 

act  defining  qualifications  of 254 

(  COMMISSIONER  OF  SCHOOLS: 

county  commissioner  of  schools.) 

«  OMMUNICABLE  DISEASES: 

methods  of  prevention  of,  to  be  taught  in  schools. . . 

(  OMMUNITY  CENTERS: 

rural  agricultural  school  building  to  be 565 

use  of  srhoolhouse,  etc.,  as...  r>y> 

'  OMPKNSATION: 

of  officers  of  school  district 54 , 1 22 , 343 

teachers,  how  paid,  etc '. 

for  taking  census 67 

for  schoolhouse  site  determined  bv  jury 107 

in  proceedings  to  obtain  site,  of  officers  and  jury 115 

county  board  of  school  examiners,  of  members 294* 

of  county  commissioner  of  schools 294 

of  school  officers  In  attending  county  meeting 301 

of  officers  in  township  school  districts 323 

of  members  of  township  board  of  education 343 

of  election  officers,  school  districts  of  third  class 369 

of  truant  officers,  how  paid,  etc 409 

I    state  board  of  education,  of  members 475 

COMPULSORY  EDUCATION: 
school  boards  may  furnish  books  in  certain  cases 61 

children  exempted 408 

>r,  of  children 408 

length  of  time  to  be  sent  to  school 408 

'  r  y  for  failure  to  comply  with  law 410 

establishment  of  ungraded  schools 412 

when  certain  children  to  be  sent  to 413 

who  considered  truants  under  act 413 ,423 

when  children  to  be  sent  to  reformatory  institutions 424 

CONCKHT  SALOONS: 

children  not  permitted  in 427 

•  CONDEMNATION: 

of  schoolhouses,  power  of  superintendent  of  public  instruction  as  to 616 

bv  factory  Inspectors 644 

<  'ONDUCTOR: 

who  to  be,  of  teachers'  institutes 401 

UONGR] 

nting  money  to  state  for  agricultural  extension  work 582-91 

<  ONSOLIDATION: 

of  .-rhool  districts 191 

in  Incorporated  city 198-206 

of  school  districts  of  annexed  territory  with  city  district 192 

of  certain  township  districts 352-55 

of  rural  schools  into  rural  agricultural  schools 559 

of  rural  school  districts,  election  of  trustees,  etc 562 

'  '<  »\S'I TITTION: 

of  Michigan  and  U.  S.  to  be  taught  in  schools 261-62 

federal,  date  of  adoption  of,  observance  of,  in  public  schools 267 

<  (INSTITUTIONAL  PROVIS!' 

relative  to  primary  school  Interest  fund •. 1-2 

relative  to  officers  of,  and  maintenance  of  educational  institutions 3-17 

CONTIGUOUS  SCHOOL  DISTRICT: 

\e.d  territory  to  become  part  of 361 

-ACTOR: 

nd  reo.ulred  of,  to  secure  payment  of  sub-contractor 549 

LOTS: 

with  teachers 58,129,312,314,336 

s  not  to  be  interested  in,  with  districts 

for  use  of  public  library  within  county 162 

for  furnishing  free  text-books  in  township  districts 

>n 'orations,  etc.,  to  have,  with  superintendent  of  public  Instruction 235 

PORv 

organized  school  districts 

teachers'  associations 439 

state  board  of  education 462 

associations  for  establishing  loan  funds 498 

DUNTY: 

of  250,000,  how  school  census  taken  in 

when  more  than  one,  contributes  to  support  of  school  to  be  placed  on  approved  list ....  558 

authorizing,  to  operate  systems  of  public  recreation  and  play  grounds 648-51 

1  Y  BOARD  OF  SCHOOL  EX  AM  INK: 

election  and  terra  of  office  of 

vacancies  in,  how  tilled 286,296 

schedule  of  meetings  fo:  imlnatlons  to  be  published 

may  hold  special  meetings 

meetings  of,  for  examination  of  teachers 

to  whom  may  grant  certificates 

grades  of  certificates  issued  by 

may  suspend  or  revoke  certificates 

compensation  and  expenses  of  members  of 

when  officers  in  certain  districts  may  examine  teachers ' 

what  schools  exempt  from  supervision  of 297 

(See  county  commissioner  of  schools.) 


292  INDEX. 


The  references  are  to  compiler's  sections. 

COUNTY  CLERK: 

notice  to,  relative  to  primary  school  fund  apportionment 22 

to  receive  and  dispose  of  communications  of  state  superintendent 87 

apportionment  of  moneys,  duties  of,  relative  to 88, 135 

duties  of,  relative  to  reports v 88 , 142 ,335 

duties  in  proceedings  to  obtain  site T 110—11 

election  of  school  examiners,  duties  of,  relative  to 286 

duties  of,  relative  to  election  of  county  commissioner  of  schools 287 

copy  of  election  returns  school  district  of  third  class,  filed  with 374 

to  draw  order  on  county  treasury  for  institute  moneys 402 

bond  of  truant  officer  filed  with 409 

duties  of,  relative  to  distribution  of  laws,  etc 508-9 

when  to  draw  order  for  county  normal  training  classes 536 

COUNTY  COMMISSIONER  OF  SCHOOLS: 

may  be  removed  for  lack  of  qualifications 19 

to  send  blanks  and  list  of  qualified  teachers  to  township  clerk  and  board  of  education ...  72 

triplicate  reports  of  township  clerks  made  to 72 

to  be  member  of  board  of  appeals 117 

to  be  member  of  county  library  board 161 

to  be  notified  of  violations  of  school  text-book  law 239 

when  and  how  elected 286 

to  file  bond  and  acceptance  of  office 286 

term  of  office 287 

election  of,  in  Chippewa  and  Lake  counties 287 

who  eligible  to  office  of 288 

to  hold  certain  examinations 289 

to  prepare  schedule 'for  examinations 289 

may  renew  certificates 290 

certificates  to  be  signed  by 290 

may  grant  special  certificates 291 

powers  and  duties  of 293 

to  keep  record  of  examinations 293 

to  counsel  with  teachers 

what  annual  reports,  to  receive 293 

to  receive  institute  fees 

to  receive  instructions  from  superintendent  of  public  instruction 293 

who,  to  furnish  list  of  teachers 293 

duties  relative  to  visiting  schools 293 

to  make  annual  report  to  superintendent  of  public  instruction 

compensation  of,  how  paid,  etc 294 

expenses  audited  by  board  of  supervisors 

not  to  act  as  agent  for  school  books,  etc 

vacancy  in  office  of,  how  filled 

duties  of,  relative  to  examination  of  candidates  for  agricultural  college 298-99 

to  call  meeting  of  school  officers  of  county 300 , 302 

annual  report  of  township  school  districts  to  be  made  to 

to  appoint  truant  officer 409 

to  furnish  truant  officer  with  list  of  teachers 

when,  to  issue  work  permits  to  children 

persons  desiring  to  teach  to  file  certificate  with 

duties  of,  relative  to  distribution  of  laws,  etc 508 

librarians  to  make  annual  report  to 520 

to  whom,  to  transmit  lists  of  libraries 

to  be  member  of  county  normal  board 

duty  of,  as  to  funds  for  county  normal  training  classes 536 

to  be  member  of  county  school  board 

when  petition  for  rural  agricultural  school  presented  to 561 

when  to  call  special  election  to  fill  vacancy  in  board 

may  number  rural  agricultural  school  districts 

notice  to,  when  in  favor  of  establishing  rural  agricultural  schools 562 

COUNTY  INSTITUTES: 
(See  teachers'  institutes.) 

COUNTY  LIBRARIES: 

act  to  authorize  creation  of 160 

COUNTY  NORMAL  BOARD: 

how  constituted,  duties,  etc .' . . .         532-3! 

may  renew  certificates 534 

COUNTY  NORMAL  FUND: 
how  constituted,  etc 535 

COUNTY  NORMAL  TRAINING  CLASSES: 

superintendent  of  public  instruction  to  direct  supervision  of 

how  established,  managed,  maintained,  etc 531—37 

graduates  of,  may  teach  in  rural  agricultural  school 534 

COUNTY  SCHOOL  BOARDS: 

establishment  of 550- 

organization  of 

apportionment  of  expenses 

treasurer  of 553 

COUNTY  SCHOOLS  OF  AGRICULTURE: 

establishment  of 549-58 

apportionment  of  expenses  of 

instruction  given  in 554 

COUNTY  SCHOOLS  OF  DOMESTIC  ECONOMY: 

establishment  of . .  549-58 

COUNTY  SCHOOLS  OF  MANUAL  TRAINING: 
establishment  of . . . 549-58 


( 


INDEX.  293 

The  references  are  to  compiler's  sections. 
OUNTY  TREASURER: 

statements  of  apportionment  filed  with 88, 135 

to  apply  to  state  treasurer  for  certain  moneys 89 

township  moneys  to  be  paid  township  treasrrer  by 89 

to  whom,  to  give  notice  of  apportionment  of  school  inn..  s'.t 

liability  of,  on  bond ...  109 

money  for  schoolhouse  site  deposited  with 109, 114 

apportionment  of  library  moneys  to  be  made  by 

to  .vet  apart  institute  fees  as  Institute  fund 399 

vouchers  for  payment  at  teachers'  institutes  to  be  tiled  with     405 

teachers'  institute  fund  to  be  paid  by,  on  order  of  <  !.-r' 

when  county  clerk  to  draw  order  on,  for  county  normal  train;  636 

ex-oflicio  treasurer  of  county  school  board 553 

when,  to  act  in  district  or  township 409 

to  Inspect  outhouses  in  primary  districts 410 

DY: 

superintendent  of  public  Instruction  to  prepare  and  print 

who  to  prescribe  for  schools 60, 122 

advanced,  authorized  in  certain  school  districts 495 

board  of  education  to  prescribe  for  normal  schools 496 

who  may  prepare  and  publish  certain 507 

who  to  provide  for  rural  high  schools 

by  whom  approved 

for  county  normal  training  classes 


in  public  "institutions,  approval  of 646 

MKS  AND  OFFENSES: 


KLMK 


; 


(See  penalty.) 

IKIllCULUM: 

normal  school,  to  contain  course  in  physical  training  ................................  492 

D. 

.MAGES: 
who  to  prescribe  penalty  for,  to  library  books  ...................................... 

collected  from  certain  officers  for  neglect  of  duties  .............................  144 

children  not  permitted  In  ........................................................  432 

•  II  THE  DEAF: 
shall  be  established  .............................................................        596-601 

to  report  to  superintendent  of  public  instruction  ....................................  597 

duties  of  state  treasurer  in  regard  to  ..........................  .-  ...................         59S-91 

•  •  used  in  ............................................................ 

who  may  attend  ................................................................  601 

>EAF  CHILDREN: 
compulsorv  education  of  .........................................................         414-16 

>ECLARATION  (>K  INDEPENDEV 
to  be  read  to  certain  pupils  on  certain  holidays  .....................................  267 

DEED; 
for  schoolhouse  site  to  be  obtained  before  building  ..................................  53 

DEFICIE! 

in  teachers'  wa-es  fund,  how  provided  for  ......................................... 

'       <  -ini.nl; 


..  . 

punishment  of  persons  responsible  for  ........................  431 

()ELIVERY  OF  BOOKS,  ETC.,  TO  8UCCE8SOB  IN  OFF1<   I 
by  superintendent  of  public  instruction  ................  .  .  25 

by  di-trict  i  ....................  .....  66,71 

MNATIONAL  SCHO< 
superintendent  of  public  instruction  to  super  279-85 

d!  .............  .......................  go 

qualifications  of  teachers  in  ............................... 

>EP( 
of  school  funds,  when  designated  ........................  •  l 

DEPOSITS: 

of  school  funds,  when  mad--.  •  '  l 

IJEPT'TV  HTIM  PUBLK     i 

appointment  and  duties  of  ........................... 

school  districts  may  accept  .........................  538-39 

•    of  L'radi:  •normal  school  ..  '•'••    ('S,496 

0_ 
notice  of  tirst  meeting  to  be  recorded  by.  .  . 
to  keep  records  relative  to  o  .  of  district 

to  be  notified  of  alterations  of  district  ........... 

I    appointment  of  clerk  in  ah.M-nce  of  ............. 
election  ami  term  of  office  of  ........................  '  '•      ~]  •  •i:>() 

appointment  of.  in  ca>e  of  •. 
<>f  office  of,  where  and  by  whom  tiled  .  . 
to  In-  member  of  district  board  ............. 
:er  of  school  to  be  furnished  to  .................. 
to  have  ci: 

to  file  certificate  of  Instruction  in  physiology  with  township  clerk. 
to  draw  and  sign  warrants,  orders,  etc  .......................... 

to  give  notice  of  meetings  .................................... 

account  of  expenses  to  be  kept  by  ................................................ 

schoolhouse  to  be  kept  in  repair  by  ............................................... 


294 


INPEX. 


The  references  are  to  compiler's  sections. 

DIRECTOR — Continued. 

to  provide  appendages  for  schoolhouse 66 

to  present  estimates  at  annual -meetings 66 

accounts  of,  how  kept,  audited,  etc G6 , 122 

to  be  clerk  of  district 66,332 

compensation  of,  for  taking  school  census 67 

census  list  to  be  filed  with  township  clerk  by 67 

annual  school  census  to  be  taken  by 67 

reports  of,  to  be  filed  with  township  clerk 69 

of  fractional  district,  to  whom  to  report 70 

and  moderator  to  approve  bond  of  treasurer 71 

to  be  notified  of  apportionment  of  school  moneys 76 

and  moderator  to  certify  payments  to  supervisor 79 

at  election  to  issue  bonds,  to  be  member  of  board  of  inspectors 00 

and  moderator  to  execute  bonds  of  district 91 

service  of  process  against  school  district  made  upon 96 

treasurer  to  certify  to,  judgment  against  district 98 

to  be  notified  of  site  fixed  by  township  board 102 

penalty  for  neglect  to  accept  office  or  perform  duties 140 

to  attend  meeting  of  county  school  officers 301 

compensation 301 

to  furnish  teachers  with  census  list 410 

DISBANDMENT: 

of  township  school  district,  referendum 304 

DISORDERLY  PERSONS: 

to  be  taken  into  custody 44 

juvenile,  who  to  constitute 413 

DISTRICT  BOARD: 

when  superintendent  of  public  instruction  to  remove  members  of,  from  office 

when,  may  borrow  money  for  payment  of  teachers'  wages 22 

to  call  meetings  of  district 40 

school  to  be  provided  by 45 

how,  may  determine  certain  matters,  when  meetings  fail 45 ,337 

election  and  term  of  office  of 46,120,330 

vacancy  in,  what  to  occasion 47 

how  filled 48,121,325 

illegal  for  members  of,  to  act  as  publishers'  agent « 

who  eligible  to  office  on 49 

acceptance  of  office  by  members 50 , 121 ,331 

who  to  constitute 51 , 120 ,330 

certain  books,  blanks,  etc.,  to  be  puchased  by 

when  may  sell  certain  property  of  district 

site  for  schoolhouse  to  be  leased  or  purchased  by 53 , 336 

to  estimate  amount  for  support  of  schools 

when  may  borrow  money  on  strength  of  voted  tax 

to  report  taxes  to  be  assessed 

accounting  of  moneys  by 

not  to  pay  money  to  unqualified  teachers 

to  make  statement  of  finances  at  annual  meeting 57 , 340 

teachers  to  be  hired  by 58 , 122 

to  provide  for  water  supply 

when  to  exclude  public  meetings  from  schoolhouse 

to  have  care  of  schoolhouse  and  property 

to  provide  for  instruction  in  physiology 

to  pressribe  text-books  and  courses  of  study 60 

to  purchase  books  for  indigent  pupils 

may  suspend  or  expel  disorderly  pupils 

to  establish  rules,  etc.,  for  school 62 ,336 

to  classify  pupils 63 , 122 

may  admit  non-resident  pupils  to  school 64 

rates  of  tuition  for,  how  fixed 

director  to  be  clerk  of 66,332 

to  appoint  persons  to  take  school  census 67 ,336 

when  to  provide  for  deposit  of  moneys 

to  estimate  amount  necessary  for  sites  and  buildings 

when  may  issue  bonds 

to  apply  for  jury  in  suit  to  obtain  site 

to  be  trustees  in  graded  school  districts 120 , 123 

district  library  to  be  managed  by 132 ,336 

report  of,  relative  to  libraries ^ 133-34 

may  donate  or  sell  books  to  township  library 138 

kindergarten  to  be  provided  by 250-53 

qualifications  of  certain  teachers,  may  hire 255 

financial  statement  of  the  district  to  be  published  by 

United  States  flag  to  be  provided  by 

to  be  trustees  in  township  school  districts 

when,  to  pay  tuition  of  pupils 524-26 

duties  of,  as  to  teachers,  etc,  for  county  normal  training  classes 535 

when  day  schools  for  deaf  may  be  provided  by 596-601 

when  may  commence  action  to  set  aside  certain  order  of  superintendent  of  public  instruc- 
tion   616 

(See  district  officers.) 

DISTRICT  LIBRARIES: 
(See  libraries.) 


INDEX  295 

The  references  are  to  compiler's  sections. 

DISTRICT  MEETINGS: 

notice  of,  on  formation  of  new  district 27 

when  annual,  to  be  held 

when  special,  may  be  called *. 40 

notice  of,  to  Indicate  the  business 40 

notice  of,  what  to  specify 40-4 1 

who  eligible  voters  at u 

relative  to  challenging  voters  at 43 

penalty  for  disorderly  conduct  at 44 

to  give  directions  regarding  suits -i.'. 

to  direct  sale  of  property 45 

powers  of  annual 45 , 1 22 

when  clerk  and  chairman  may  be  appointed  at 45,332 

what  board  to  determine  in  case  of  failure  of  certain -r 

limit  of  taxes  that  may  be  voted  at 45 ,337 

officers  to  be  elected  at 46 , 120 , 330 

to  fill  vacancy  in  district  office 48 

tax  for  services  of  officers  to  be  voted  at 54 

board  to  make  financial  statement  to  annual 57 

to  determine  uses  of  schoolhouse 59 

moderator  to  preside  at 65 

director  to  give  notice  of 66 

may  vote  on  issuance  of  bonds '.to 

may  vote  tax  to  pay  money  borrowed 92 

voters  at,  may  designate  site 102 

board  of  education  to  present  estimate  for  sites,  etc.,  at 316 

of  consolidated  township  districts 354 

DISTRICT  OFFICERS: 

election  and  term  of  office  of 46, 120,330 

when  may  be  appointed 48,121,332 

who  eligible  to  election  as •  49 

acceptance  of  office  of 50,121 ,331 

amount  of  tax  for  service  of 54 

penalty  for  neglect  to  accept  office  or  perform  duties 

to  employ  legally  qualified  teachers 

payment  for  services  of  township 323 

compensation  of 343 

(See  treasurer,  director,  moderator  and  district  board.) 

DISTRICT  SCHOOLS: 
(See  schools.) 

DIVISION: 

of  boundaries  of  primary  school  district 

of  township  into  single  school  district 305 

DOMESTIC  ECONOMY,  COUNTY  SCHOOLS  OF: 

establishment  of 549-58 

appropriation  for 

instruction  given  in 554 

DOMESTIC  SCIENCE  TEACHER: 

act  to  define  qualifications  of 254-56 

DOORS: 

to  open  outward 0-H 

DRAWING  TEACHERS: 

act  to  define  qualifications  of 254-56 

DUPLICATE  RECEIPTS: 

township  treasurer  to  take,  for  certain  moneys 86 


ED 


^'UCATION: 

constitutional  provisions  relative  to 1-17 

KICHTH  GRADE: 

payment  of  tuition  and  transportation  of  pupils 522-23 

EIGHTH  GRADE  DIPLOMAS: 

applicant  for,  to  memorize  first  verses  of  "Star  Spangled  Banner"  and  '  'America1 ' 268 

ELECTION: 

who  legal  voters  at,  In  school  district 

uhen,  of  district  officers  held ••.<',.  ILM  ,:<:«> 

who  eligible  to.  in  school  district 

rarulatram  at,  to  vote  on  Issuance  of  bonds 

of  board  of  education,  city  school  district,  how  held 

conducting  of,  for  consolidation  of  school  districts  in  incorporated  city 

school  district,  registration,  notice,  etc 217-18 

party  emblem  not  to  be  placed  upon  ballots 

of  members  of  county  board  of  school  examiners 

of  county  commissioners  in  Chippewa,  when  held,  etc 

relative  to  organizing  township  into  single  school  district 

when  called,  ballots,  etc 

of  trustees  of  township  school  district,  term,  etc 

township  school  district,  how  conducted,  etc 

special,  for  bonding,  ballots,  etc 

city  districts,  election  of  officers  by  joint  boards 

annual  school,  district  of  third  class,  when  held 

for  submitting  question  of  rural  high  schools,  where  held 

form  of  ballot  used  at 

submitting  question  of  establishment  of  schools  of  agriculture  etc 

on  establishing  of  rural  agricultural  schools,  when  held,  who  to  caM.  etc  . 

of  school  trustees  in  cities  of  fourth  class 607-10 


296  INDEX. 

The  references  are  to  compiler's  sections. 

ELECTION  COMMISSIONERS: 

in  school  district  of  third  class  who  to  be  ..................................  3(58 

to  prepare  official  ballots  ..............  .............. 

appointment  of,  for  election  of  school  trustees.  .  .  608 
ELECTION  INSPECTORS: 

in  election  of  township  school  trustees,  who  to  be  ......  306 

in  school  district  of  third  class,  appointment  .....  .  ................  .  369 

canvass  of  votes  by  .......................................  374 

how  chosen,  etc.,  at  election  of  school  trustees  ............................  609 

powers,  duties,  etc.,  at  election  of  school  trustees.  . 
ELECTION  PRECINCTS: 

division  of  city  school  districts  into  ........................  .......  207-24 

referendum  ....................  216-24 

ELECTORS: 

who  are  qualified  ....................................  ...........................  42 

may  discontinue  school  and  send  pupils  to  another  district  ........  .  .  45 

;    who  deemed  qualified,  in  school  elections  in  certain  cities  42 

i    to  vote  tax  for  services  of  district  officers  ..........................  .  .......  54 

!    at  annual  meeting  may  designate  depository  for  district  funds  ........................  71 

of  city,  when  to  elect  board  of  education  ......................  ....................  164 

•    to  approve  consolidation  of  school  districts  .....................  .  .........  191 

registration  of,  in  school  districts  .................................................         217-19 

;    when,  may  vote  to  organize  townsliip  school  district  ..............................  ,  .  303 

,    certain,  in  fractional  district  not  qualified  to  vote  upon  organization  of  township  school 

district  ...................................................................  303 

township  school  district,  qualification  of.  ..........................................       306  ,316 

when,  may  appeal  from  action  in  formation  of  ..........................  328 

school,  district  of  third  class,  who  qualified  ........................................  370 

when  question  of  rural  high  school  submitted  to  ................  .  ...............  524 

of  certain  districts  may  designate  site  outside  of  district  boundaries  ...........  613 

ELIGIBILITY: 

to  office  in  school  districts  ........................  '.'.'„'  .......  ........    .    .  49 


of  teachers  ................................  .................................  58  ,  122  ,251  ,336 

of  persons  to  take  school  census  ..................................................  r.7 

of  officers,  etc  ...........................    ..........  .  ..................  .........  122 

of  children  ........................  433 

ENDOWMENT  FUNDS: 

to  be  under  control  of  school  board  .........  539 

ENGLISH  LANGUAGE: 

instruction  to  be  conducted  in  ...............  11  ,  19 

ENROLLMENT: 

when  teacher  to  compare,  with  census  list  ........  410 

ENUMERATION  OF  CHILDREN: 
(See  census.) 

ENUMERATOR,  CENSUS: 

duty  of,  data  required  ...........................................................  67 

when  guilty  of  misdemeanor  .........  68 

ESCHEATED  ESTATES  r 

application  of  interest  from  sale  of  ......  14 

ESTIMATES: 

of  amounts  to  be  raised  by  tax  ...................................................   54  ,  66  ,  336 

of  taxes  necessary  in  city  school  district,  what  to  specify  ............................  182 

transmitted  for  approval  ......................................................  182 

report  of,  as  approved,  to  whom  made  ........................................  182 

of  organization  of  district  ........................................................  31 

in  proceedings  to  obtain  site  ........  103 

EXAMINATION: 

of  proposed  site  by  jury  ......................................  .  ..................  107 

eighth  grade,  applicants  to  memorize  first  verses  of  "Star  Spangled  Banner'  'and 

'  'America'  '  ..............................  ..................................  268 

of  teachers  in  private,  etc.,  schools  ................................................  281 

meetings  for,  of  teachers  ................................  .........................  289 

of  teachers  by  county  board  of  examiners  ........................................  .  289-90  ,  298 

questions  for,  of  teachers  ........................................................  290 

county  commissioner  to  keep  record  of  ............................................  2<>:i 

of  reports  by  county  commissioner  ................................................  293 

of  teachers  by  officers  in  certain  districts  ...  .......................................  297 

of  applicants  for  admission  to  agricultural  college  .................................         298-99 

fees  to  be  collected  from  teachers  for  ..............................................  398 

of  teachers  by  state  board  of  education  ............................................  476 

of  applicants  for  state  certificates  ....................  476 

EXAMINERS: 

may  be  removed  for  lack  of  qualifications  ..........................................  19 

of  teachers  to  collect  fees  ........................................................  398 

to  pay  same  to  county  treasurer  .................................................      399 

(See  county  board  of  school  examiners.) 

EXECUTION: 

not  to  issue  against  school  district  ..................................  :  .............  97 

EXPENSES: 

incidental,  estimated  by  board  ................................................... 

estimates  of,  to  be  presented  at  annual  meeting  ............  .  .......................         66  ,  340 

per  capita  tax  to  pay,  certain  school  districts  .................  ...................... 

of  commissioners,  limited  ........................................................  287 


INDEX.  297 

The  references  are'to'compiler's  sections. 
EXPENSES— Continued. 

for  print i iii,',  <•(<•.,  how  audited,  etc 294 

of  school  examiners,  how  pairl 204 

teachers'  institutes,  how  paid 401 

•nMitute,  how  paid 404 

vouchers  for,  of  teachers'  Institute,  where  filed 405 

F. 
FACTORIES,  STORES,  ETC.: 

employment  of  children  in 433 

»RY  INSPECTORS: 

may  order  lire  escapes  on  schoolhouses,  etc 644 

may  con.!. 'inn  srhoolhouses  considered  unsafe 644 

KM.  BOARD: 

for  vocational  education,  state  board  to  co-operate  with 584 

FEEBLE  MINDED  AND  El'I  I.EI'TIC: 
Michigan  home  and  training  school.) 

to  be  paid  by  teacher  on  obtaining  certificate 

disposition  of,  collected  bv  director  and  secretary 399 

I  KM  A: 

who  qualified  to  vote  at  school  elections  in  certain  cities 42 

registered  in  separate  register 42 

eligible  to  district  offices 49 

FIN] 

how  applied  for  breach  of  penal  laws 16 

for  disturbing  district  meeting 44 

for  disturbing  school 62 

on  censu;:  enumerator  for  making  false  returns 

giving  false  information  to  census  enumerator 

for  damages  to  library  books 129 

apportionment  of,  for  breach  of  penal  laws 136 

FIRE  ESCAPES: 

factory  inspectors  may  order,  on  schoolhouses 644 

FIRE  MARSHAL: 

fire  marshal.) 
PROTECTION: 

m  schools,  dutv  of  factory  Inspectors  relative  to 644 

FISCAL  YEAH: 

of  school  district  In  cities  of  250,000 387 

FLAGS: 

who  to  purchase  U.  S.,  for  schools 266 

FORM  OF  OATH: 

of  challenged  voter 43 

FOURTH  (LASS  CITIES: 

to  constitute  single  school  district 

board  of  education  in,  of  whom  to  consist,  elections,  etc 608 

FOURTH  OF  JULY: 

observance  of,  by  public  schools 267 

FRACTIONAL  DISTKK 

certain  electors  in,  not  qualified  to  vote  upon  organization  of  township  school  district .  .  . 
<chool  districts;  also  township  board.) 
UNITIES: 

abolishment  of.  in  public  schools,  etc 434-36 

FREi:  PUBLIC  LIBRARIES: 

authority  of  city  boards  of  education  to  maintain 147-48 

townships,  etc.,  may  bond  for 

FREI:  s<  sop] 

to  be  provided 1 1 ,383 

FREI:  TEXT- HOOKS: 
text-books.) 

rr\ 
educational 

library 16 

teachers'  institute 

of  associations  for  establishing  loan 

for  maintaining  day  schools  for  the  .leaf 

G. 

C  AMBLING: 

children  n<  I  In  rooms  used  for 

for  incidentals,  deficiencies,  etc.,  accounted  for  under 

:  \I.  SCHOOL  l'i 
^  limit  may  levy  for,  in  one  year,  in  certain  districts -  • 

•••I  districts  may  accept,  etc 538-39 

\\Len  may  remove  county  school  commiss.oner,  etc       *" 

certain  days  appointed  by,  observed  by  public  schools j°7 

to  appoint  five  members  of  teachers'  retirement  fund  board.  ,  •  **" 

annual  report  to,  by  state  board  of  control  for  vocational  education .... 


298 


INDEX. 


The  references  are  to  compiler's  sections. 

GRADED  SCHOOL  DISTRICTS: 

annual  meeting  of .3? 

organized  prior  to  1907,  act  to  govern 120 

notice  of  intention  to  organize 120, 124 

election  and  term  of  office  of  trustees  of 120 . 124 

officers  of,  to  be  elected  by  trustees 

credit  of  school  tax  on  tuition  of  non-resident  pupil 122 

powers  and  duties  of  trustees 121-22 

not  limited  to  nine  sections  of  land 

consent  of  trustees  to  be  obtained  to  alteration  of  boundaries 

two  or  more  contiguous  districts  may  organize 

change  of,  to  primary  district 125 

publication  of  financial  statement  of 

when,  not  included  in  township  school  district 

proceedings  when,  become  part  of  township  district 

appointment  of  truant  officers  in 409 

(See  school  districts.) 
GRADES  OF  CERTIFICATES: 

of  teachers 291 

GRADE  TEACHERS: 

In  rural  agricultural  schools,  certificates  of 569 

GRADING: 

of  pupils  not  prevented  in  any  district 

in  graded  school  districts 122 

GRADUATES: 

of  normal  training  schools  In  cities  of  250,000,  when  life  certificates  issued  to 476 

GYMNASIUMS: 

school  districts  may  establish,  etc 

H. 
HEATING  SYSTEM: 

in  schoolhouse,  superintendent  of  public  instruction  to  approve 

HIGH  SCHOOL  GRADUATES: 

advanced  courses  of  study  authorized  to 495 

HIGH  SCHOOLS: 

may  be  established  in  certain  districts 

establishment  of  optional  course  of  military  training  in 

board  of  education  to  establish,  etc 

act  to  establish  rural • -r>12- 

providing  for  payment  of  tuition  and  transportation  to,  of  certain  pupils 522-2 

what  deemed 

(See  graded  school  districts.) 
HOLIDAYS: 

observance  of,  by  public  schools 26/ 

HOME  ECONOMICS: 

certificate  of  teachers  in,  In  rural  agricultural  schools 

endorsement  of 

assenting  to  grant  of  money  by  U.  S.  for BSSt-9 

HOMES  FOR  TEACHERS: 

district  authorized  to  provide 

HUMANE  EDUCATION: 

act  to  provide  system  of 247-4 

TTVf  TT^TNTT^*  •  • 

use  of  text-books  on,  in  teaching  dangerous  diseases 60,312 

I. 
INCIDENTAL  EXPENSES: 

esi imated  bv  district  board 

INDEBTEDNESS: 

of  districts 

(See  bonds.) 
INDIANS:  __ 

when  children  of,  not  included  in  census • o7 

INDIGENT  PARENTS: 

when  children  of,  unable  to  attend  school o27-6(] 

INDUSTRIAL  HOME  FOR  GIRLS: 

superintendent  of  public  instruction  to  supervise  instruction  in 

INDUSTRIAL  SCHOOL  FOR  BOYS: 

superintendent  of  public  instruction  to  supervise  instruction  in 

of  rural  agricultural  schools  when  established 

of  public  institutions,  instruction,  etc.,  of,  who  to  supervise 

INSPECTORS  OF  ELECTION: 

how  chosen,  powers,  etc.,  ;it  election  of  school  trustees 

INSTITUTES: 

teachers',  county  commissioner  to  be  assistant  conductor 

certain  state!  superintendent  of  public  instruction  to  supervise  instruction  in 

charitable,  children  in,  not  included  in  census 

public,  instruction  of  inmates  of,  supervision  of 

qualifications  of  teachers  in,  approved  by  superintendent  of  public  instruction b47 

INSTRUCTION: 

to  be  conducted  in  the  Kn-lish  language 

branches  of,  given  in  public  schools 

etc.,  of  adult  blind  persons 


- 


INDEX. 


Tli'-  'iis. 

NSURAN'  VS: 

how  used 

apportionment  of,  on  state  funds is  .-_':_' 

on  bonds,  limited '.'1 

tax  may  be  voted  to  pay 

on  bonded  Indebtedness,  per  capita  tax  to  pay. 

on  judgment  against  district 1<M 

on  moneys  lost  by  certain  officers 

J, 

'AM!  • 

employment  of,  to  care  for  rural  agricultural  school  buildings 

roiNT  MEETINGS: 

of  township  boards 

relative  to  boundaries  of  primary  school  districts.  190 

relative  to  township  school  districts 

FUDGE  OF  1'Uoi. 

to  participate  in  filling  vacancy  on  board  of  •  I'M; 

JUDGMENTS: 

assessment  of  taxes  for  payment  of 

and  -i  school  districts,  sections  relative  to !>."•-  !"l 

execution  not  to  issue  on 

when  rendered  in  proceedings  to  obtain  site .  .    108 

CIATE  Dl 

need  courses  of  study  in  certain  districts  designated  as 495 

FURY: 

board  mav  apply  for.  in  proceedings  to  obtain  site 103,107 

JUSTICE  <)F  '!  Il'i 

to  have  jurisdiction  in  cases  of  assmm  -  *  h<  ol  <listricts ''•"> 

ir  cases  under  compulsory  education  ::ct 411 

proviso,  as  to  cities 411 

n\  i:\ii.i:  CO1 

Investigation,  etc..  by.  relative  to  children  of  indigent  parents ;"•'_".> 

penalty  for  failure  of  parent  or  iruardian  to  serd,  to  school 

proci  :ist  parents  of,  for  neglect  of  duty 

t  to  ungraded  schools T 412-13 

who  deemed,  or  truants i  i  :> ,  1  li.'i 


KINDEBGART1 

duty  of  district  board  relative  to 

qualifications  of  teachers - 

children  entitled  to  attend .... 

act  to  apply  to  other  schools .  .  253 

L. 

,ABOR: 

act  to  secure  payment  to  sub-contractors  for • 602-5 

DAY: 

observance  of,  by  public  schools 267 

ul'NTY: 
ui  of  county  commissioner  of  schools  in 287 

"limit 'of  tax  on,  for  building  schoolhouse.  . .  45 

i  not  taxed  for 

proceedings  to  obtain,  for  schoolhouse  site 10J-K 

district  in  cities  of  j.-.n.n-.o  maj  

when  hoard  of  education  may  acquire  '•  -'1s 

.AM)  CONTRA' 

purchaser  of  land  upon,  qualified  school  42 

.AWS.  ! 

rule-                               Sir  libraries,  course  of  study,  who  to  print  and  distn!     U 
dutv  of  commissioners  and  county  clerk  in  distributing '"v  '•' 

•e.  who  to  secure,  length  of.  •  •  53 

duration  of,  of  land  for  schoolhouse «*!* 

"1  districts  may  accept,  etc •'   s  •'•  ' 

EGIS1 

:ired  to  attend  school 

•id  to  rural  acricultur;. 

annual  rep.  f  control  for  vocational  education  o»o 

JABI1 

of  township  clerk  for  i  •  port 

of  county  clerk 

of  supervisor  in  regard  to  district  - 

debts  and,  when  a^uim-d  by  township  distri-  ' 

of  parent  or  guardian  for  failure  to  send  child  to  M  '  •  ol 

JBEB 

.  a  nee  of,  in  public  schools 


300 


INDEX. 


The  references  are  to  compiler's  sections. 

LIBRARIAN: 

township,  when  and  by  whom  appointed,  duties,  etc 130 

LIBRARIES: 

establishment  of,  constitutional  provisions  relative  to 16 

lists  of  books  for,  how  prepared 21 

rules  for,  by  whom  made 21 , 129 

maintenance  of,  in  township  or  city 126 

township  board  may  dispose  of,  or  plan  merger  of,  into  free  public 126 

provisions  relative  to 126-38 

books  for  township,  by  whom  purchased 128,338 

care  of,  etc.,  who  to  have 129 

librarian  of  township,  by  whom  appointed,  duties,  etc 130 

where  kept 130 

when  school  district  may  establish 131 

township  clerk  to  report  statistics  of 133 

funds  for,  when  forfeited 134 

*    superintendent  of  public  instruction  to  furnish  statement  of  township,  etc.,  entitled  to ....  135 

apportionment  of 135-36 

tax  for  support  of,  how  levied,  collected,  etc : 137 

district  board  may  sell  or  donate,  books  to  township 

school  officers  not  to  act  as  agents  for,  books 145 

free  public,  townships,  etc.,  may  bond  for 149 

school  district,  etc.,  may  issue  bonds  for 155-59 

act  to  authorize  the  creation  of  county 160 

board  of  education  to  establish,  etc 312 

free  public,  maintenance  of,  in  cities 147-48 

librarians  to  report  to  school  commissioner 520 

to  whom  to  transmit  list 521 

LIBRARY  BOARD: 

for  county  library,  who  to  compose,  etc '. 161 

LIBRARY  BOOKS: 

preparation  of  list  of 21 

sale  of 138 

LIBRARY  COMMISSIONERS: 

(See  state  board  of  library  commissioners.) 

LIBRARY  MONEY: 

when  district  to  forfeit 

superintendent  of  public  instruction  to  forward  statement  of 

apportionment  of 136 

LIFE  CERTIFICATES: 

authority,  revocation  and  filing  of , 272 

when  state  board  of  education  may  issue,  to  graduates  of  normal  training  school  in  cities 

of  250,000 ^  476 

principal  in  rural  agricultural  school  to  have 570-71 

LINCOLN'S  BIRTHDAY: 

observance  of,  by  public  schools 267 

LIQUORS: 

minor  children  not  permitted  where,  are  sold 432 

LISTS: 

of  school  text-books,  when  superintendent  of  public  instruction  to  publish 238 

LOAN  FUNDS: 

establishing,  for  students  of  certain  institutions 497-503 

M. 
MAINTENANCE: 

of  schools,  appropriation  for 45 

MANUAL  TRAINING,  COUNTY  SCHOOLS  OF: 

act  to  establish 1 549-58 

management  of 550-57 

establishment  of,  when  placed  upon  approved  list,  etc 558 

MANUAL  TRAINING  SCHOOLS: 

school  districts  may  establish,  etc 538 

MANUAL  TRAINING  TEACHER: 

act  to  define  qualifications  of 254-55 

MAPS: 

of  townships,  showing  boundaries  of  districts,  by  whom  made,  where  filed,  etc 

filing  of,  showing  change  of  boundaries  in  city  districts 348 

MATERIAL: 

act  to  insure  payment  of  sub-contractors  for 602-5 

MEDICINE  AND  SURGERY: 

board  of  education  in  certain  cities  may  control,  etc.,  college  of 540-46 

MEETINGS: 

joint,  of  township  boards  of  several  townships 29 ,34 

when  schoolhouse  used  for  public 

of  township  boards,  in  cases  of  appeal 117,11 

of  board  of  education  city  school  district,  when  held 

joint,  of  township  board,  relative  to  change,  etc..  of  boundaries  of  primary  school  districts 

for  examination  of  teachers,  when  and  where  held 289-9< 

township  school  district,  of  township  board  for  organization  of 

annual,  in,  notice,  etc 307,31 

of  board  of  education  in 

of  board  of  education 

of  board  of  education,  district  of  third  class 

of  board  of  trustees  of  rural  high  schools,  when  held,  etc , 515 

(See  district  meetings.) 


INDEX.  301 

The  references  are  to  compiler's  sections. 
MEMBERS: 

of  district  board,  who  to  constitute 

number  of,  of  board  of  trustees  in  graded  school  districts 12 

term  of  office 

of.  hoard  of  county  school  examiners,  by  whom  appointed,  etc 286 

MEMOR1  \!.  1  •  • 

rvance  of.  bv  public  schools 

MESS] 

of  it-.-islature  not  required  to  attend  school K'> 

MICHIGAN 

superintendent  of  public  instruction  to  supervise  instruction  in 1(> 

president  of,  to  approve  schools  before  placed  upon  approved  list 

to  carry  on  agricultural  extension  work 

president  of,  member  of  hoard  of  control  for  vocational  education.  .  .  . 
MICHIGAN   KMI'LOYMKNT  INSTITl  TION  FOR  THE  BLIND: 

-:"er  of  pupils  from  Michigan  school  for  blind  to -117 

MICHIGAN   H«)Mi;  AM)  TRAINING  SCHOOL: 

superintendent  of  public  instruction  to  supervise  instruction  in I'.i 

MICHIGAN  SCHOOL  Foil  '1  Hi:  BLIND: 


superintendent  of  public  instruction  to  supervise  instruction  in 

compulsorv  education  of  blind  children  at 

i<  ;in; AN  SCHOOL  roii  Tin:  DEAF: 


compulsorv  education  of  blind  children  at -1 17    Is 


::ntendent  of  public  instruction  to  supervise  instruction  in l'i 

compulsory  education  of  deaf  children  at 411 .  117 

MIL!  \ININC: 

.lishment  of  optional  course  of,  in  all  high  schools 

MINORS: 

•  not  attending  dav  schools  vocational,  etc.,  education  of 

EANOR: 

when  census  enumerator  guilty  of  a 68 

officers,  t'-achers,  etc.,  interested  as  agent  for  publishers  deemed  guilty  of 

\\hen  parents  deemed  guilty  of  a.  .  . '. -ill) 

MOD' 

to  give  oath  to  challenged  voter 

(chairman  at  district  meetings 1 

election  of,  term  of  office,  etc 

appointment  of,  to  fill  vacancy 

acceptance  of  office,  where  filed •]<> 

to  be  member  of  district  board 

:rer  and.  to  audit  and  pay  accounts  of  director [•"» 

and  director  to  approve  bond  of  treasurer 

against  school  district  made  upon 

penaltv  for  neglect  to  perform  duties ...  M" 

district  board.) 

primary  school  fund,  what  to  constitute 

when  withheld  from  certain  districts 

apportionment  of,  bv  superintendent  of  public  instruct!  >n 

of  primary  school  interest  fund ...  75, 8f) 

hen  dividing,  how  apportioned •  7-38, 344 

districts  entitled  to  receive  primary  school  interest  fun  1 

entitled  to  receive  certain ... 

when  board  may  borrow,  on  strength  of  voted  tax 

primary  school  interest  fund,  to  be  used  only  for  te 

accounting  of  district.  >--hool Sfi 

.in  schools  barred  from  public ...  9- 

district  board  to  applv  school,  according  to  law.  .  . 

to  make  report  of.  at  annual  meeting ...57  ,.'<•'' 

for  certain,  by  whom  drawn  and  signed 

d  on  bond  of  treasurer J.  1 

district  board  to  provide  for  deposit  of .... 

duties  of  township  treasurer  relative  to  collecting  s'-'i  t  >1 

n-lati  .  • "  • 

•tionment  of,  to  districts  by  township  clerk.  . 

•  T  school  ta\.  how  apportion.-  1     . 
accrued  from  o!i"-mill  tax,  how  u- 

paid  by  old  district--  to  n-\v.  how  applied 

school,  to  !  -  t  tO  town>h:: 

payment  of,  to  fractional  districts.  .  .  . 
county  treasurers  to  apply  for.  ap: 

to  notify  township  clerk,  etc 

limitations  as  to  districts  borrowing 

\\hen,  for  Hie  deposited  with  cou:,- 

library,  when  forfeited 

pn>\iso  as  to  Doit-forfeiture 

•  Ttionmen;  • 
how  used 

apportionment  of.  coli 
town>hip  school  district,  amo 

•  ody  of,  wl.  

when  certain,  to  In-come  town-hip  school  ni" 

who  to  apply  for,  appropriated  for  pri;-. 
public,  definition  of 

to  )  rate  from  other  funds  

how  us.-d 

interest  on,  what  to  constitute '  '• 


1 


302 


INDEX. 


The  references  are  to  compiler's  sections. 
MONEYS — Continued. 

public  officer  not  to  receive  consideration  for  depositing 458 

penalty  for  illegal  payment  of 461 

disposition  of  insurance , 478 

boards  of  trustees  of  rural  high  schools  may  borrow 513 

from  U.  S.,  giving  assent  to  grant  of,  for  co-operative  agricultural  extension  work 580-81 

paid  to  secretary  state  board  of  agriculture 

limit  of  amount  of,  school  district  may  borrow 621 

school  districts  in  certain  cities  may  borrow,  for  improvements 622-31 

(See  taxes.) 
MONTH,  SCHOOL: 

of  what  to  consist 58 

MUSIC  TEACHER: 
act  to  define  qualifications  of 254-56 

N. 
NAMES: 

on  official  ballot,  school  district  of  third  class,  how  arranged 1573 

NARCOTICS: 

text-books  to  consider  nature  and  effects  of 60 , 3 1 2 

NEGLECT: 

penalty  for,  of  taxable  inhabitant  to  serve  and  return  notice 139 

of  district  officers  to  perform  duties 140 ,265 

liability  of  township  clerk  for,  to  report,  etc Ml 

of  county  clerk  for  not  transmitting  reports 

of  supervisor  and  township  clerk  in  regard  to  taxes 

of  parent  or  guardian  to  send  child  to  school  a  misdemeanor 410 

NEW  YEAR'S  DAY: 

observance  of,  by  public  schools  .  .  267 

NOMINATION: 

of  members  of  board  of  education  in  district  of  third  class 372 

NOMINATION  PETITIONS: 

of  candidate  for  member  of  board  of  education,  city  school  district 

of  candidate  for  trustee,  township  school  district 306 

of  candidates  for  trustees,  filing  of,  etc 608 

NON-RESIDENT: 

when  may  be  attached  to  district 

admission  of,  pupils,  tuition,  etc 64 

tuition  of,  pupils 

credit  of  school  tax  on  tuition  of,  pupils 122 

NORMAL  SCHOOL  FUND: 

origin  of 

who  to  have  care  of 474 

NORMAL  SCHOOLS: 

of  other  state,  when  limited  certificate  granted  to  graduate  of 

establishment  of  physical  training  in 490-93 

state  board  of  education  to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in '496 

(See  state  normal  school.) 
NORMAL  TRAINING  CLASSES: 

superintendent  of  public  instruction  to  direct  supervision  of 

act  to  establish : 531-37 

(See  county  normal  training  classes.) 
NORTHERN  STATE  NORMAL  SCHOOL: 

A  act  to  establish 484-86 

•tOTICE: 

superintendent  of  public  instruction  to  give,  of  apportionment  of  primary  school  fund. . .         22,135 

duty  of  taxable  inhabitant  on  receipt  of,  of  formation  of  district 

of  first  meeting  in  new  district 27 , 329 

by  township  clerk  when  new  district  fails  to  organize 

of  meeting  of  township  board  to  form  fractional  districts 

to  alter  boundaries 

of  special  meetings  of  district  board,  when  and  how  given 

of  district  meetings,  to  be  given  by  director 

of  township  clerk  to  supervisors  of  school  taxes 74 , 337 

who  to  give,  to  directors  of  moneys  to  be  appropriated 

of  apportionment  of  moneys  to  districts,  to  whom  given 

of  supervisor  and  treasurer  9f  taxes  assessed 80-82 

treasurer  to  give,  of  money  in  his  possession 85  ,339 

county  treasurer  to  give,  of  moneys  apportioned 

of  meeting  of  district  to  borrow  money 

in  proceedings  to  obtain  site,  how  given 

of  meeting  to  organize  as  graded  school  district. 

teachers'  examinations,  how  given ., 

to  teachers  of  intention  to  revoke  certificate 

township  school  district,  of  election  for  organization  of . 

of  annual  meeting  in 

relative  to  changing  boundaries  in  city  districts 

of  registration  and  election,  school  district  of  third  class 

to  parent  or  guardian  of  non-attendance  of  child  at  school,  by  whom  given 410-11 

teachers'  associations,  of  formation  of,  how  given 

of  election  on  establishment  of  rural  agricultural  schools,  when  given 

of  establishment  of,  to  whom  given 573 

sub-contractor  to  give  written,  what  to  state,  etc 

of  election  of  trustees  in  cities  of  fourth  class 608 


INDEX. 


PEB 

\m 


The  references  are  to  compiler's  sections. 

O. 

OATH: 

deputy  superintendent  of  public  instruction  to  take L'n 

tendered  to  challenged  voter  at  district  meetings 

to  he  taken  as  to  correctness  of  census  list 

of  juror  in  proceedinn  to  obtain  site K»7 

of  office,  members  of  board  of  school  examiners  to  take 286-^7 

of  election  officers,  school  district  of  third  class 

of  office  of  election  inspectors  for  election  of  trustees.  .  r>ir> 

OFFICE: 

acceptance  of,  to  be  filed :,n  M    i.'i  .331 

affidavit  of.  as  to  qualifications 

tt-rni  of,  of  board  of  school  examiners 

OFFICERS: 

who  t  ligible  as  school 49 

having  charge  of  records  to  furnish  facilities  for  examination.  . 
0\K-MILL  TAX: 

disposition  of  surplus 

-merit,  collection  and  disposition  of 78 

(See  •• 
ORAL  METHOD: 

to  be  taught  in  day  schools  for  deaf 6CO 

ORDER: 

on  treasurer  to  be  countersigned  by  moderator 

to  be  drawn  and  signed  by  director - 

of  township  clerk  on  treasury  for  library  moneys 128,336 

of  superintendent  of  public  instruction  relative  to  insanitarv.  etc.,  achoolhouse,  when  set 

aside 616 

(See  warrants;  also  moneys  ) 
ORGANIZATION: 

formation,  etc.,  of  new  districts 26-31 

of  graded  school  district 120-25 

of  school  district  certain  cities,  act  to  provide  for    167-80 

cf  township  school  districts  in  upper  peninsula 329—44 

M-hnol  districts;  also  township  board.) 
OUTHOUSES: 

in  primary  districts,  county  truant  officer  to  inspect 410 

P. 
PAG  I 

etc..  of  legislature  not  required  to  attend  school 408 

PAMPHLETS: 

distribution,  etc.,  of  certain,  to  school  districts 510-11 

when  {leads  of  state  departments  to  print  additional  copies 511 

NTS  AND  GUARDIANS: 

entitled  to  vote  at  district  meetings 42 

required  to  send  children  to  school -10* 

duties  of  truant  officers  relative  to 410 

liability  for  not  sending 410 

proceedings  against 

to  give  notice  when  children  desire  to  have  tuition,  etc.,  paid 522 

p. \HOCHIAI.  SCHOOL: 

etc.,  instruction  in.  to  be  in  English  language 

etc..  superintendent  of  public  instruction  to  supervise,  etc 279-85 

defined lixn 

qualifications  of  teachers  in 

1'AKTY   I.MHLKM: 

etc.,  not  to  be  placed  upon  school  election  ballots 221 

\LTIKS  AND  FoRFKITrKKS: 

not  maintaining  five  months'  school 

district  for  not  maintaining  certain  length  of  school 45,78,336 

census  enumerators  for  making  false  returns 

giving  false  information  to  census  enumerator 

damages  to  library  hooks 

taxable  inhabitant  for  neglect  of  duties  in  formation  of  district 

district  officers'  neglect  to  accept  office  or  perform  duties 1 

township  clerk,  for  neglect  in  transmitting  reports ... 

county  clerk  for  not  transmitting  reports 

moneys  collected  for,  how  applied 

supervisor  and  clerk's  neglect  regarding  taxes 

neglect  to  teach  prevention  of  diseases 

district  officer*,  for  not  publishing  financial  statement 

not  purchasing  }' .  S.  flag 

parent  or  guardian  not  sending  children  to  school 

relative  to  school  attendance  by  blind  children 

relative  to  persons  responsible  for  delinquency  of  children 

for  allowing  children  to  remain  in  saloons,  etc 

illegal  payment  of  public  moneys 

what  deemed 43 

PKRMANKNT  1  I  \DS: 

to  be  under  control  of  school  board •'»-•' 

PERMIT: 

issue  of,  for  employment  of  children 408,43 

when  superintendent  of  schools,  etc.,  may  revoke 


304  INtiEX. 


The  references  are  to  compiler's  sections. 
PETITION: 

nomination,  of  candidate  for  member  of  board  of  education,  city  school  district,  filing  of  174 

candidates  for  district  board  of  education  nominated  by 221 

form,  etc 

of  electors  for  single  school  district 303 

nomination,  of  candidate  for  trustee  township  school  district,  filing 306 

of  member  of  board  of  education,  district  of  third  class  made  by - 372 

for  establishment  of  rural  agricultural  school,  to  whom  presented,  etc 561 

for  consolidation  of  rural  schools  into  rural  agricultural  schools 561 

nomination,  of  candidates  for  trustees,  filing  of ,  etc 608 

PHYSICAL  TRAINING: 

to  be  taught  in  schools  of  certain  cities,  etc 

establishment  of,  in  public  schools,  etc 4flO-93 

PHYSICAL  TRAINING  TEACHER: 

act  to  define  qualifications  of 255 

PHYSIOLOGY: 

use  of  text-books  on,  in  teaching  dangerous  diseases 257 

PHYSIOLOGY  AND  HYGIENE: 

to  be  taught  in  all  public  schools 

penalty  for  failure  of  district  board  to  comply  with  statute 60 

district  board  to  adopt  text-books 

by  whom  approved,  etc 60,220,477 

text-books  on 

PLANS: 

for  school  buildings,  when  approved  by  superintendent  of  public  instruction 015-17 

for  rural  agricultural  school  buildings,  approval  of r>()<> 

PLAYGROUNDS: 

board  of  education  may  acquire  land  for 548 

authorizing  cities,  etc.,  to  operate  systems  of  recreation  and 648-51 

POLL  LIST: 

to  be  kept  when  voting  on  issuance  of  bonds 

for  school  election  district  of  third  class,  who  to  provide 

POLLS: 

in  school  election,  district  of  third  class,  time  open - 

POOR  CHILDREN: 

to  be  furnished  with  text-books 

POPULATION: 

of  school  districts,  how  computed 

PRESIDENT: 

of  board  of  education,  service  of  process  against  school  district  made  upon 

of  Michigan  agricultural  college  to  approve  schools  placed  upcn  approved  list 558 

PRESIDENT  OF  THE  U.  S.: 

certain  days  appointed  by,  observed  by  public  schools 

PRIMARY  SCHOOL  INTEREST  FUND: 

constitutional  provisions  respecting 1,11 

five  months'  school  to  be  maintained  to  secure 


apportionment  of 

proceedings  in  case  of  defective  returns  of . 

when  deficiency  may  be  apportioned 

time  school  to  oe  maintained  to  secure 

to  be  accounted  for  under  "teachers'  wages  fund". 


upor 
of  b( 


11 

11,22 
23 
24 
45 
54 

to  be  used  only  for  teachers'  wages ....." 

not  to  be  applied  to  sectarian  schools 

duty  of  township  clerk  in  distributing 

how  apportioned  to  districts 

county  clerk's  duties  relative  to 

county  treasurer's  duties  relative  to 

parochial,  etc.,  schools  not  to  participate  in  distribution  of 285 

PRIMARY  SCHOOLS: 

(See  schools.) 
PRIMARY  TEACHERS: 

qualifications  of,  defined 

PRINCIPAL: 

in  rural  agricultural  school,  certificate  of 570-7  1 

PRINCIPALS  OF  SCHOOLS: 

duty  of,  as  to  violations  of  text-book  law 

to  certify  to  fact  of  humane  education 

PRIVATE  SCHOOLS: 

etc.,  instruction  in,  to  be  in  English  language 

etc.,  constitution  of  Michigan  and  U.  S.  to  be  taught  in 

etc.,  superintendent  of  public  instruction  to  supervise,  etc 279-85 

defined -'*<> 

qualifications  of  teachers  in 

PROCEEDINGS: 

against  school  districts 

to  obtain  schoolhouse  site 

in  case  of  incumbrances '. 

)on  appeal  from  action  of  township  board 

board  of  education  city  school  district  to  be  published,  etc 

PROCESS: 

service  of,  against  school  districts,  upon  whom  made 

PROPERTY: 

when  township  board  may  sell  district 

to  be  apportioned  on  division  of  district 37-3 

when  sale  of  district,  may  be  directed  by  voters 

when  husband  and  wife  own,  jointly 

care  and  preservation  of  district «9 ,  *•** 


INDEX.  305 


The  references  are  to  compiler's  sections. 
I    IOPERTY—  Continued. 

Iaf  divided  district,  vested  in  city  district 168 

in  territory  annexed 170 

accounting  of,  when  township  organized  into  single  school  district 

sale  of,  by  board  of  education 312 

disposition  of,  in  forming  township  districts Mil 

t«>  hi-  apportioned  on  division  of  township Mil 

of  school  district  in  territory  annexed,  to  whom  belongs 361 

uions 438 
FBLICAT] 

of  financial  statement  by  school  board.  .  264 
UUII. DIN 

act  insuring  payment  of  sub-contractors  in  repairing,  etc 602 
DOMAIN  COMMISSION: 
secretary  of,  and  superintendent  of  public  instruction  to  select  certain  pamphlets  sent  t:> 

district  schools 510-11 
FBLIC  INSTITUTIONS: 

instruction,  etc.,  of  Inmates  in,  supervision  of 616 

1  [JHLir  LI  I/, K  ARIES: 

(See  libraries.) 
]  UHI.Ic  RECREATION  AND  PLAYGROUNDS: 

authorizing  cities,  etc.,  to  operate  systems  of 648-51 

!  UHLir  SCHOOLS: 

etc.,  constitution  of  Michigan  and  U.  S.  to  be  taught  in 261-62 

observance  of  holidays  in 267 

•   observance  of  Carleton  day  in 269 

1  Declaration  of  Independence  read  on  certain  days  in 267 

\\hen  children  attending  private,  etc.,  school  required  to  attend 282 

;>lishment  of  physical  training  in 490-93 

1  UKUSHKHS1  AGENT: 

membera  of  district  board  not  to  act  as 49 

1   li'II.S: 

when  may  be  suspended  or  expelled fiii 

who  may  be 63 

lion  of 63,122 

n  of,  to  schools 63-64,122,252 

uit ion  of  non-resident 64,312 

LTJided  school  districts,  promotion  of,  in , 

eclaration  of  Independence  read  to  certain,  on  certain  holidays 267 

•wnship  school  district,  rate  of  tuition  to  non-resident 312 

unlawful  to  organize,  etc.,  fraternity,  etc 434 

admission  of,  to  normal  school 469 

troviding  for  payment  of  tuition  and  transportation  of  eighth  «rade 522,525 

•ansportation  of,  to  and  from  rural  agricultural  schools 567 

te  aid  for  transportation  of 572 

ALIFICATK 

of  music,  etc.,  teachers 254-56 

hers  in  parochial,  etc.,  schools 281 

of  voters  at  district  meetings 306 

uperintendent  of  schools 312 

RSTIONS: 

>n  for  teachers.  .                                                             -"•'" 


H. 

1:1 

of  rural  high  schools  may  hold 515 

11ECEIPT: 

when  township  treasurer  to  take  duplicate 86 

IIECORD: 

school  district,  superintendent  of  public  instruction  to  exami:i".  et:- 

of  proceedings •    •          27,66 

director's,  to  be  evidence  of  organization  of  district 

of  office 

who  to  provide,  books  for  proceedings  of  district  meeting 

re  havini:  charge  of.  to  furnish  facilities  for  examiirition 

of  report  o  uinual  meeting 5<  ,340 

of  puoils 

of  moneys  to  be  kept  by  district  treasurer 

in  In-  1-ept  of  consent  of  trustees  in  alteration  of  irrad--  I  school  district 

of  certificates  L'n-nted  to  teacher-;.  wh»  

\\ho  to  keep,  of  examination  held  by  board  of  school  examiners 

RECREATION 

authorizing  cities,  etc  .  to  operate  -\stem.s  of  public 648-51 

:IECHI:.\TION  CKNTKK: 

use  of  Bchoolhouse,  etc.,  for. ...  

1EFKHKND! 

on  ele.-tion  of  M.-hool  bonrds  in  certain  cities 

on  consolidation  of  school  districts 

on  question  of  dividing  school  districts  into  votintr  precincts 

on  question  of  reiri-t  rat  ion  of  electors  in  certain  city  districts 

on  disbandmeiit  of  township  school  district  •  304 

on  issue  of  bonds  for  maintenance  of  free  public  libraries 148-49 

s 


306  INDEX. 


The  references  are  to  compiler's  sections.  • 

REFERENDUM— Continued. 

on  uniting  two  township  districts  operating  under  special  acts 353 

on  act  to  classify  certain  school  districts 381 

of  establishment  of  county  agricultural,  etc.,  school 549 

on  question  of  voting,  etc.,  taxes  in  certain  school  districts 642 

REGENTS: 

cf  the  university,  how  elected,  etc 5-7 

may  grant  certain  certificates 271 

REGISTER: 

of  school  to  be  kept  by  teacher 58 

REGISTER  OF  DEEDS: 

copy  of  resolution  for  consolidation  of  school  district,  filed  with 192 

REGISTRATION: 

of  electors  in  school  elections  in  certain  cities 42 

of  electors  in  school  districts,  notice  of,  etc 216-24 

in  city  school  districts,  referendum 226 

of  electors  in  newly  organized  school  district 175 

in  school  district  of  third  class 370 

first,  when  made 370 

notice  of,  how  and  when  given.  .  371 

REGULATIONS: 

for  government  of  schools 62 , 336 

at  elections  to  vote  on  issuance  of  bonds 90 

for  government,  etc.,  of  libraries 129 

with  reference  to  admission  of  pupils  to  take  advanced  courses  of  study 495 

REMOVAL: 

of  certain  officers  by  governor 19 

from  district  to  vacate  office 47 

of  schoolhouse  from  leased  site 53 

of  officers  in  graded  school  district. . ,  L21 

RENEWAL: 
of  teacher's  certificate,  when  made,  etc 290 

REPAIRS: 

(See  schoolhouses.) 

REPLEVIN: 
against  school  districts,  justices  of  the  peace  to  have  jurisdiction 95 

REPORT: 

superintendent  of  public  instruction  to  make  annual,  to  governor 

district  board  to  make,  at  annual  meeting 57 , 340 

directors  to  make  annual 


of  director,  where  filed 


to  whom  made  in  fractional  districts . 


treasurer  of  school  district  to  make  annual 

township  clerk  to  make  triplicate 

board  of  education  to  make  triplicate 

township  clerk  to  make  certain,  to  treasurer  and  director 

supervisor  to,  taxes  assessed  to  township  treasurer 

township  clerk's  duties  relative  to 

of  t9\vnship  clerk  and  board  of  education  relative  to  libraries 

liability  of  officers  for  failure  to  make . 


monthly,  of  truant  officer,  relative  to  children  of  indigent  parents. 

board  maintaining  day  schools  for  deaf  to  make 

of  state  board  of  control  for  vocational  education. . , 
RESIDENTS: 

notified  of  first  meeting  in  school  district 

qualifications  of,  to  vote  at  district  meetings 

rights  of,  to  attend  school 


exceptions  of,  in  school  census. 
ESOLUTION: 


69,72 
70 
71 
72 
72 
76 
81 
88 

133-34 
141-42 

of  board  of  education  city  school  district,  what  to  contain 

to  whom  academies,  etc.,  to  make 

county  commissioner  of  schools  to  make 293 

township  school  district,  annual,  what  to  contain,  etc 

of  school  moneys  received,  when  made,  etc 315 

state  board  of  education  to  make,  to  legislature 471 

publication,  etc.,  of,  of  superintendent  of  public  instruction 507-9 

board  of  trustees  of  rural  high  schools  to  make  certain 512 

562 
585 

27 
42 
63 

67 

RESOi 

on  consolidation  of  school  districts,  when  territory  annexed 

what  to  set  forth 193 

RETIREMENT  FUND: 

teachers',  act  providing 440-53 

REVOCATION  OF  TEACHERS'  CERTIFICATE: 

by  board  of  school  examiners 

by  state  board  of  education 467-68,  476 

ROOSEVELT'S  BIRTHDAY: 

observance  of,  in  public  schools 267 

ROUTES: 

designation  of,  for  transportation  of  pupils  to  and  from  rural  agricultural  schools 567 

RULES: 

(See  regulations.) 
RURAL  AGRICULTURAL  SCHOOLS: 

graduate  of  county  normal  may  teach  in 534 

act  providing  for  establishment  of 559-77 

site  for,  approval,  etc 560 

petition  for  establishment  of 

county  commissioner  of  schools  may  number 562 


INDEX. 


307 


The  references  are  to  compiler's  si-  -tio:i>. 
iURAL  HIGH  SCHOo 

an  act  to  establish  or  discontinue 

when  question  of,  submitted  to  electors.  .  .  r.12 

board  of  trustees  of,  when  and  how  elected :.  i  i 

term  of  office .  Ml 

duties 

lURAl  '.DISTRICTS: 

when  consolidation  of,  effective 

v,  hen,  annexed  to  rural  agricultural  district 

when,  consolidated,  election  of  trustees,  etc 

detined 

when,  may  consolidate 

what  to  include.  . 


t  ALARY: 

of  superintendent  of  public  instruction : 

of  deputy  and  assistant  superintendent  of  public  Instruction.     . 

of  school'  officers,  when  may  be  changed 

of  teachers  not  affected  because  of  holidays 267 

of  stat>-  director  of  physical  training -I'.i:-; 

-ALK  01-  I'KOI'Kin  Y: 

\shen,  made  by  township  board 

to  be  directed  by  districts •!"» 

when  made  by  district  board r>:i 

SALOON: 

children  not  permitted  in,  gambling  h<>  432 

•vALT  SI'KINC  LANDS: 

interest  on  proceeds  from,  application  of 15 

SCHEDULE: 
of  places,  etc  .  for  holding  examinations,  publication  of 280 

SCHOLAl 

••  pupils.) 

SCHOLAR8H] 
school  districts  may  maintain 538 

SCHOOL: 

to  be  free 11,329 

to  be  maintained  at  least  live  months ' 11 

public,  superintendent  of  public  instruction  to  supervise  instruction  in 

when,  may  be  discontinued  in  a  district 

time  necessary  to  be  maintained 45,336 

who  to  fix  minimum  length  of  time  of 45.336 

who  to  estimate  and  vote  taxes  for  support  of 54 ,337 

not  to  be  sectarian 

•  r  of,  to  be  kept  by  teachers 

district  board  to  prescribe  text-books  for 

pupils  may  be  suspended  or  expelled  from 62 

penalty  for  disturbing <>-' 

district  board  to  establish  regulations  for 62,336 

•  rit  pupils  admitted  to 

not  to  be  separated  on  account  of  race 63 

statistics  of.  to  be,  reported  by  director 

may  be  graded fi3  .  122 

admission  of  non-resident  pupils  to •>•!  .:<!-' 

humane  education  in '-' 

visitation  and  examination  of 

children  of  certain  ages  required  to  attend -l(ls 

when  ungraded,  to  be  established 412 

children  attending,  not  permitted  in  saloons,  etc 

abolishment  of  fraternities,  etc.,  in 

training,  in  connection  with  state  normal 

physical  training  to  be  taught  in  certain 

when,  placed  upon  approved  list 

persons  desiring  to  teach,  with  whom  to  file  certificate    .  .  .  ... 

who  to  publish  course  of  studv,  etc.,  for  certain 

act  to  establish  rural  high.  .  .' ">rj    l'-» 

board  of  trustees  of  rural  high,  to  visit 

rural  agricultural,  ait  providing  for  establishment  of 

in  cities  of  fourth  class,  board  of  education,  etc tl(";  ~ 

SCH<»"I.  AIM'AK  A  I 

provision  for 45 

SCHOOL  BOARD: 
(See  district  board.) 
mav  permit  use  of  schoolhouse,  etc.,  as  recreation  renters 

SCHOOL  HOI  > 

SCHOOL  Mfll. DINGS: 

i>sue  of  bonds  in  city  school  district  for  erection  of  ... 

plans  for.  when  approved  by  superintendent  of  public  instruction  01. •  -l. 

SCHOOL  CENSUS: 

when  and  how  taken 67 

in  city  school  district,  who  to  provide  for.  etc  187 

SCHOOL  DISTRICTS: 

apportionment  of  primary  school  money  to 

of  what  composed 

to  be  numbered 26 

formation  of .  .  26-31 


308 


INDEX. 


The  references  are  to  compiler's  sections. 

SCHOOL  DISTRICTS— Continued. 

formation  of  fractional 

when  deemed  legally  organized 

when  may  be  dissolved 

corporate  powers  of : 

name  and  style  of 

when  consent  of  taxpayers  to  be  obtained  to  alteration  in 

when  persons  outside,  may  be  attached 

alteiations  to  be  repprted  to  director 

division  of  property  in  forming  new,  from  old 

meetings  of,  when  held,  etc 

may  borrow  money  on  strength  of  voted  tax 

who  to  make  annual  report  of 

who  to  appear  in  suits  for  or  against 

treasurers  of,  to  file  bond,  duties  of,  etc 

map  showing  boundaries  to  be  made 

moneys  to  be  apportioned  to 

when  moneys  paid  by  old,  to  new 

levy  and  collection  of  taxes  in  fractional 

may  borrow  money  for  sites  and  buildings .... 
to  pay  indebtedness 

may  vote  to  pay  money  borrowed 

per  capita  tax  in,  to  pay  school  expenses,  etc. . 
•   suits  and  judgments  against 

service  of  process  against,  upon  whom  made .  . 

judgments  against  fractional 

appeal  from  action  of  township  board 

what  districts  may  organize  as  graded 

organization  of,  etc.,  graded 

change  of,  from  primary  to  graded. 

may  issue  bonds  for  public  library 

act  to  provide  for  organization  of  certain 

in  certain  cities,  limit  of  amount  levied  for  general  school  purposes. . . 

when  township  board  may  divide  or  change  boundaries  of 

consolidation  of 

consolidation  of,  with  city  school  district 

consolidation  of,  in  incorporated  city 

city,  division  of,  into  election  precincts,  referendum. .  . 

registration  of  electors  in 

city,  registration  of  electors  in,  referendum 

copies  of  lists  of  text-books  to  be  sent  to 

may  purchase  listed  text-books 

how  authorized  to  purchase  and  sell  text-books 

re-sale  of  books,  on  removal  from 

to  employ  legally  qualified  teachers 

officers  of,  when  to  deliver  books,  etc.,  to  township  board  of  education.  . 

township,  board  of  education  in,  election,  term,  etc 

township,  organization  of 

in  upper  peninsula 

how  township  districts  in  upper  peninsula  may  change  to  primary 

change  of  boundaries  of  city 

act  to  classify  certain 

of  12,000  and  less  than  75,000,  third  class 

division  of,  into  classes 

of  500  and  less  than  12,000,  fourth  class 

of  third  class,  division  of,  into  voting  precincts 

advanced  courses  of  study  authorized  In  certain 

who  to  provide  course  of  study,  etc.,  for 

distribution,  etc.,  of  state  pamphlets,  etc.,  to 

providing  for  transportation  of  certain  pupils  in 

may  establish  trade,  etc.,  schools,  etc 

when  consolidated,  disposition  of  property  of 

officers  of,  to  require  bond  to  insure  payment  of  sub-contractord 

cities  of  fourth  class,  to  constitute  single 

board  of  education,  election,  etc 

designating  sites  outside  of  boundaries  of  certain 

limit  of  amount  of  money,  may  borrow 

in  ceitain  cities  may  borrow  money  for  improvements 

in  cities  of  60,000  or  under,  voting,  etc.,  taxes  for 

highway  to  be  established  to  every  school  building  in 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  playgrounds 

may  provide  home  for  teachers 

SCHOOL  ELECTIONS: 

in  newly  organized  city  school  district,  who  qualified  voter  at 

annual,  in  districts  of  third  class  when  held 

SCHOOL  ELECTOR: 

who  qualified,  in  district  of  third  class 

SCHOOL  EXAMINERS:     (See  county  board  of  school  examiners.) 
SCHOOL  FOR  THE  BLIND: 

superintendent  of  public  instruction  to  supervise  instruction  in 

SCHOOL  FOR  THE  DEAF: 

superintendent  of  public  instruction  to  supervise  instruction  in 

SCHOOLHOUSES: 

when  certain  persons  not  liable  to  tax  for  building 

not  needed  may  be  sold v 6i  '4 

building  committee  may  be  appointed 

districts  to  vote  tax  for  appendages  to 


29 
30 
30 
32 
32 
34 
35 
36 
37 

39,45,332 
54 

57,340 
71 
71 
73 

75-76 
79 
80 
90 
93 
93 
94 

95-101 
96 
100 

'  117-19 
120,124 
120-25 
125 

155-59 
167-89 
182 
190 
191 
192 

198-206 
207-24 
217-19 
226 
238 
242 

242-43 
244 
297 
303 
306 
305 

329-44 
345-47 
348-51 
356-82 
357 
357 
357 
369 
495 
507 

510-11 
522-23 
538-39 
563 
602 
606 
607 

613-14 
621 

622-31 
637    -J3 
(5 1  f> 
648-51 

(•53  55 

175 
365 

367 


37 


45 


INDEX.  309 


The   r;  I'erences   are    to   compiler's    s<i<ti<. 

S'    HOOL   HOUSES — Continual. 

.istrict  to  direct  the  pro  'tiring  of.  sale  of 45 

vhen  land  not  to  be  taxed  for  building 45 

ax  for  repairing,  limited 

epairs  to,  who  to  make,  etc .}:, 

ite  for.  to  be  purchased  or  leased 1  •">,.">:<  ,:n 2, 326 

ax  for  buildin.tr,  limited 45,337 

>pard  to  procure 53,336 

listrict  board  to  have  care  of,  etc 59 

vhen  open  or  dosed  for  public  meetings 59 

lirector  to  provide  appendages  to 66 

imitation  of  Indebtedness  to  build 90 

>onds  may  be  issued  to  build 90 

loan!  of  education  may  acq.iire  sites  for 548 

sale  of  tax  homestead  lands  for  sites 608 

;>lans  for,  when  approved  by  sin  erintendent  of  public  instruction 615-17 

superintendent  of  public  instruction  to  approve  heating  system  installed  in 618 

•"actory  inspectors  may  order  tire  escapes  on 644 

township  board  to  establish  public  highway  to  every 645 

use  of,  us  community  or  m-reation  center.' 652 

B     IK  101.  INSl'KCTOHS: 

.lectors  qualified  to  vote  for,  how  governed 42 

election  of,  in  certain  cities 164-C6 

S    ' HOOL  LOTS: 

amount  of  tax  levied  in  city  school  district  for  purchase  of 182 

E   'in  MIL  MONEYS: 
(See  monevs.1 

S  ,'HOOL  MONTH: 

of  what  to  consist 58 

S     HOOL  OFFICERS: 

district,  election  of 45 

when  salary  of,  may  be  changed 54 

not  to  be  interasted  in  any  contract  with  district 145 

to  procure  only  books  listed  with  superintendent  of  public  instruction 235-46 

salaries  of,  not  affected  because  of  holidays 267 

county  commissioner  to  call  meetings  of,  of  county 300-2 

S   'HOo'L  Hi:C()HDS: 

officers  having  charge  of,  to  furnish  facilities  for  examination 52 

SCHOOL  SITE: 

in  citv  school  district,  issue  of,  bonds  for  purchase  of 183 

S    'HOOL  T  \.XKS: 

who  (nullified  to  vote  on,  in  certain  cities ?  42 

SCHOOL  TRUSTEES: 

election  of,  in  cities  of  fourth  class 608 

S3HOOL  YEAR: 

when  to  commence,  length  of 1 1 ,39,42 

SCHOOL  FOR  DEAF: 

act  establishing  day 596-601 

SECRETARY: 

of  board  of  education  city  school  district  not  to  be  member 17'.) 

school  district  of  third  class,  duty  in  election 374 

SECRETARY  OF  STATE: 

oath  of  deputy  superintendent  of  public  instruction  filed  with 20 

SKCKKT  SOCI'F.TIKS: 

abolishment  of.  in  public  schools,  etc 434-36 

SECTARIAN  SCHOOLS: 

not  to  receive  public  moneys 56,406 

SERVK  K  OF  I'Hori 

airainst  >chool  districts,  upon  whom  made 95 

I'.NE: 

not  to  be  taught  in  public  schools 491 

EHERIFF: 

to  remove  respondent  from  school  property Ill 

EIQN  ' 

number  required  on  petition  nominating  membt  r  district  board  of  education  221 

!•  [NGLE  SCHOOL  DISTRICT: 

cities  comprising,  who  qualified  electors  in  school  elections 

organisation  of  township  into 329 

term  defined 623 

^  IN  KINO  ITN'D: 

school  district  to  provide,  for  redemption  of  library  bonds 

creation  of,  in  certain  districts,  what  to  include 633 

custody  o:  634-36 

Ml  E8  FOE  ><  IHOOLHOT  S 

when  not  needed  may  be  sold 37,53 

notice  of  meeting  to  change 

voters  to  direct  procuring  of 

]r;iM'  or  purchase  of 15,63  .^<tl 

issuance  of  bonds  for  purchase  of 

how  designated H'-j 

to  lie  selected  by  a  two-thirds  vote 102 

proceedings  to  obtain 102-16 

compensation  for,  ho\\-  determined  in  certain  ca-es 107 

claims  against,  settled  by  circuit  judge 

in  city  school  district,  issue  of  bonds  for  purchase  of / 

township  board  of  education  may  purchase,  etc ;5 1 


310  INDEX. 


The  references  are  to  compiler's  sections. 

SITES  FOR  SCHOOL  HOUSES—  Continued. 

board  of  education  to  estimate  amount  of  money  for 316 

sale  of  tax  homestead  lands  for 608 

designating,  outside  of  boundaries  of  certain  districts. . .  613-14 

SORORITIES: 

abolishment  of,  in  public  schools,  etc 434-36 

SPECIAL  ELECTION: 

school  district  of  third  class,  to  fill  vacancies  in  board.  .  375 

SPECIAL  MEETINGS: 
(See  district  meetings.) 
STAR  SPANGLED  BANNER: 

applicant  for  eighth  grade  diploma  to  memorize  first  verse  of . . ,  267 

STATE  AID: 

rural  agricultural  school  entitled  to,  amount 572 , 576 

statement  of,  to  legislature .... 
STATE  BOARD  OF  AGRICULTURE: 

election  of,  powers  and  duties 9-10 

may  grant  teachers'  certificates 275 

duty  of,  to  co-operate  with  supervisors  in  agricultural  education 579 

secretary  of,  to  receive  funds  for  agricultural  extension  work 581 

STATE  BOARD  OF  CONTROL: 

for  vocational  education,  who  to  compose 584 

to  make  annual  report  to  governor,  etc 591 

STATE  BOARD  OF  CORRECTIONS  AND  CHARITIES: 

children  placed  in  homes  licensed  by,  not  included  in  school  census 67 

STATE  BOARD  OF  EDUCATION: 

election  of,  term  of  office,  etc 8,18 

272 
274 
423-27 
424-25 
462 
462 


to  grant  certificates  to  graduates  of  colleges 

may  refuse  to  accept  certain  diplomas 

power  of,  to  provide  for  care  of  blind  babies 

to  contract  with  institutions 

to  be  a  body  politic 

powers  and  duties  of. 


regarding  state  normal  school 464 , 472 

members  of,  not  to  act  as  agent 465 

to  grant  diplomas  to  graduates  of  state  normal  school 467-68 

to  make  report  to  legislature 471 

to  grant  state  certificates  to  teachers 476 

when,  may  issue  life  certificate  to  graduates  of  normal  training  school  in  cities  of  250,000 .  .  476 

persons  desiring  to  teach,  with  whom  to  file  certificates  approved  by 479 

powers  and  duties  regarding  central  Michigan  normal  school 480-82 


powers  and  duties  regarding  northern  state  normal  school , 
to  procure  site  for  western  state  normal  school , 


to  have  control,  etc.,  of. 
to  prescribe  courses  of  study,  grant  diplomas,  etc.,  in  normal  schools, 
president  of,  member  of  board  of  control  for  vocational  education .  .  . 
STATE  BOARD  OF  HEALTH: 


484-86 
488 
489 
494 
584 


to  approve  text-books  regarding  communicable  diseases 257 

STATE  BOARD  OF  LIBRARY  COMMISSIONERS: 

duties  of 498,505 

appointment  and  term  of  office  of 504 

who  to  constitute 504 

vacancies  in,  how  filled 504 

reports  of,  to  whom  made,  etc 505 

STATE  CERTIFICATES: 

to  be  granted  to  graduates  of  certain  colleges 272 

when  granted  to  graduates  of  state  normal  school 467-68 

when  granted  by  state  board  of  education.  .  476 

STATE  DEPARTMENTS: 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction 510 

STATE  DIRECTOR  OF  PHYSICAL  TRAINING: 

superintendent  of  public  instruction  to  appoint,  duties,  salary,  etc 493 

STATE  INSTITUTIONS: 

maintenance  of 

certain,  to  be  under  supervision  of  superintendent  of  public  instruction 19 

instructors  in,  to  be  citizens  of  U.  S 

heads  of,  to  transmit  list  of  pamphlets  to  superintendent  of  public  instruction 510 

STATE  LANDS: 
interest  from  sale  of,  application  of 13 

STATEMENT: 

of  state  aid  to  rural  agricultural  schools,  who  to  make 577 

STATE  NORMAL  SCHOOLS: 

professional  instruction  in 464 

training  school  in 466 

diplomas  and  certificates  to  graduates  of 467-68 

an  act  to  change  the  name  of 

physical  training  to  be  taught  in 497 

STATE  PUBLIC  SCHOOL: 

superintendent  of  public  instruction  to  supervise  instruction  in 19 

STATE  TEACHERS'  INSTITUTE: 

to  be  held  annually 

expenses  of,  how  paid 404 

STATE  TREASURER: 

payment  of  transportation  of  Indigent  deaf  children 415 

of  indigent  blind  children 418 

ex-officio  treasurer  of  teachers'  retirement  fund 

custodian  of  funds  for  vocational  education 585 

to  reimburse  district  maintaining  day  school  for  deaf 598 


I                                                                       INDEX.  311 

The  references  are  to  compi: 
TUDENT: 
number  of,  to  establish  course  of  military  training 

minor  child  who  is,  not  permitted  in  saloon,  etc 

of  certain  institutions,  establishing  loan  funds  for 

J-  TUDIES: 

to  be  prescribed 60 

f-  CJB-CONTRACTORS: 

act  insuring  payment  of 602-8 

{•  (JITS: 

may  be  brought  for  or  against  district m 

prosecution,  etc.,  of,  by  or  against  district 

treasurer  to  appear  for  district  in 71 

on  treasurer's  bond 71 

when  moderator  may  appear  in,  for  district 71 

jurisdiction  of  justices  in 

and  judgments  against  district 95-101 

summons  in,  served  on  treasurer 96 

not  brought  to  collect  judgment 97 

(See  actions,  judgments  and  proceedings.) 

I  UPERINTENDENT  OF  COUNTY  SCHOOLS  OF  AGUHTI/ITHK.  ETC.: 

who  eligible  as 558 

e  QPERINTENDENT  OF  PUBLIC  INSTRUCTION: 

constitutional  provisions  relative  to 4 

election  and  term  of  office  of 18 

residence,  qualifications,  duties,  etc 19 

to  direct  supervision  of  countv  normal  training  classes HI 

to  have  general  supervision  of  public  Instruction *  19 

make  annual  reports  to  legislature 19 

visit  state  institutions,  etc 19 

may  request  removal  of  county  commissioner  of  schools 19 

appoint  a  deputy  and  assistant 20 

to  prescribe  duties  of  assistant 20 

to  prepare  list  of  library  books 21 

to  prepare  and  print  general  course  of  study 21 

to  prepare  rules  for  management  of  libraries '2 1 

duties  relative  to  apportionment  of  primary  school  moneys L  . 

to  deliver  books,  etc.,  to  successor 25 

duties  relative  to  school  census. . .' 67 

when  board  of  education  to  make  triplicate  reports  to 72 

reports  to,  relative  to  libraries 133-34 

to  forward  statement  of  library  money  to  districts 13"> 

may  grant  kindergarten,  drawing,  etc.,  certificates 254-55 

copies  of  school  text-books  to  be  filed  with 235 

special  editions  of  text-books  to  be  filed  with 235 

to  send  copies  of  text-book  lists  to  school  authorities 238 

duty  of,  as  to  violations  of  text-book  act 

when  may  suspend  right  to  sell  text-books 239 

when  to  declare  bond  forfeited 239 

board  of  education  subject  to  removal  by,  upon  failure  to  establish  course  of  military 

training 260 

proof  of  publication  of  proceedings  of  annual  school  meeting,  etc.,  filed  with 

incorporated  academies  to  report  to 270 

to  supervise,  etc.,  parochial,  etc.,  schools 279-85 

may  investigate  private,  etc.,  schools 

forms  of  teachers'  certificates  to  be  prepared  by 

questions  for  examinations  of  teachers  to  be  prepared  by 

to  send  examination  questions  to  examining  officers 200 

prescribe  form  of  rules  for  boards  of  school  examiners 

to  appoint  assistant  conductor  of  institutes 

annual  reports  of  county  commissioner  to  be  made  to 

to  assist  county  commissioner  at  county  meeting  of  school  officers 

when,  may  remove  school  trustee  from  office 

appeals  to,  in  actions  relative  to  school  districts 

annual  county  teachers'  institutes  to  be  held  by 

may  appoint  conductors  of  teachers'  institutes 

when,  may  draw  on  state  treasurer  for  aid  to  teachers'  Institutes 

expenses  for  state  institutes,  how  drawn  by .... 

establishment  of  bureau  of  information  in  office  of 

to  provide  instruction  for  adult  blind  persons 419-22 

a  member  of  teachers'  retirement  fund  board 

to  appoint  state  director  of  physical  training 

may  prepare  certain  courses  of  study,  etc 

who  to  distribute  report  of 

to  prescribe  forms  for  publication  and  distribution  of  report 

and  secretary  public  domain  commission  to  select  pamphlets  sent  to  school  di- 

to  approve  course  of  study  for  rural  high  schools  

board  of  trustees  of  rural  high  schools  to  make,  certain  report  to 

when  may  grant  permission  to  establish  county  normal  training  classes 

to  be  member  of  county  normal  board 

to  prescribe  form  of  certificate  of  graduation  from  county  normal  trainin;-  < 

to  have  general  supervision  of  county  schools  of  agriculture,  etc 

to  approve  schools  before  placed  upon  approved  list 

\vhe.n,  may  approve  site  for  rural  agricultural  school ... 

notice  to,  when  in  favor  of  establishing  rural  agricultural  school 

to  approve  plans  for  rural  agricultural  buildings 

notice,  to.  when  school  established 

to  cause  inspection  of 


312  INDEX. 


The  references  are  to  compiler's  sections. 

SUPERINTENDENT  OF  PUBLIC  INSTRUCTION — Continued. 

may  investigate  route  over  which  pupils  transported 567 

to  report  to  legislature  number,  etc.,  of  rural  agricultural  schools  receiving  state  aid 577 

duty  of,  relative  to  establishment  of  day  schools  for  deaf 596-601 

member  of  state  board,  of  control  for  vocational  education 

executive  officer  of 584 

may  condemn  schoolhouses 611 

when  to  approve  plans  for  school  buildings 615-17 

when  may  close  schoolhouses 616 

to  approve  heating  system  installed  in  schoolhouse 618 

to  approve  course  of  study  in  certain  institutions 646 

qualifications  of  teachers  in  public  institutions  to  be  approved  by 647 

salary  of 656 

SUPERINTENDENT  OF  SCHOOLS: 

powers  and  duties  of,  in  graded  school  districts 

city  school  districts,  election  of,  etc 185 

duty  of,  as  to  violations  of  text-book  act 239 

in  township  districts,  by  whom  employed 312 

when  president  of  board  of  education  to  perform  duties  of 

duty  of,  as  to  truants 410 

permit  of,  for  employment  of  children 433 

SUPERVISORS: 

map  of  township  to  be  filed  with 

township  clerk  to  certify  taxes  to 74 ,337 

to  assess  school  taxes 77 , 337 

to  assess  ome-miU  tax 

equalization  of  taxes  by 

certifying  and  levying  taxes  in  fractional  districts  by 80 

to  deliver  warrant  for  collection  of  taxes  to  township  treasurer 

to  assess  judgment  against  school  district 101 

liability  for  not  assessing  taxes 144 

(See  taxes.) 

SURETY  BONDS: 

payment  of  premium  on ' 45,472 

treasurer  may  furnish 121 ,472 

SUSPENSION: 

of  pupils  from  school 

of  teachers'  certificates 

of  pupils  organizing  fraternity,  etc .- 435 

SYSTEM  OF  HUMANE  EDUCATION: 
act  to  provide 247-49 

T. 

TAXABLE  INHABITANTS: 

duties  in  relation  to  formation  of  district 

penalty  for  neglect  of  duty 139 

TAXATION: 

constitutional  provisions  relative  to 

exemption  of  school  bonds  from 620 

TAXES: 

how  surplus  of  one-mill,  may  be  applied 

non-taxpayers  not  to  vote  on  question  involving 

for  repairs  to  schoolhouse 45 

for  building  schoolhouse  or  purchasing  site 


for  apparatus,  etc.,  for  schoolhouse. 

limit  of,  for  certain  purposes 

amount  of,  for  services  of  district  officers .'.... 

for  incidental  expenses 

limit  of,  for  support  of  school 


45 

45,337 
54 
54 
54 

estimated  and  reported  by  district  board 54 , 337 

report  of,  by  board  to  township  clerk 

money  raised  by,  not  to  be  diverted .... 

for  books  for  indigent  children 

assessed  on  division  of  district 

when  reported  to  supervisor 

apportionment  of,  when  collected 

failing  to  be  assessed,  to  be  levied  the  next  year 


56 
61 
74 

74,337 
76 
77 

supervisor  to  assess. .' ". 77-78,337 

assessment  of : 

duties  of  township  treasurer  relative  to  collecticn  cf 77,82 

assessment,  collection  and  disposition  of 

in  township  before  any  school  is  maintained 

assessment  of,  when  district  divided 

certifying  of,  in  fractional  districts • 

equalization  of 

warrant  for  collection  of 

apportionment  of,  when  district  is  divided 83 ,344 


for  school  purposes  to  be  paid  next  to  township  expenses 


when  township  treasurer  to  pay  out  certain. . 

may  be  raised  to  pay  borrowed  money 

per  capita,  to  pay  school  expenses,  etc 

judgments  against  districts 


86,339 
92 
94 

D 101 

when,  credited  on  tuition  of  non-resident  pupils 

for  support  of  libraries 

liability  of  supervisors  for  not  assessing 144 


INDEX.  313 


The  references  are  to  compiler's  sections. 
1'  A  X  ES — Continued. 

for  maintainance  of  county  library,  amount,  etc ic.o 

for  touchers'  wages,  etc.,  board  of  e  lucation  to  vote 

township  school  distri-t,  report  of :il'J 

amount  of,  how  determined,  et  • :tl»» 

school,  to  be  kept  in  separate  column  on  as-essm-nt  roll :-t!7 

school,  to  be  in  separate  column :<:<x 

for  care,  etc.,  of  blind  babies •»-'«> 

board  of  education  to  vote,  for  payment  of  tuition,  etc.,  of  eighth  grade  pupils .'.L'_' 

school,  voting,  etc.,  in  cities  of  60,000  or  under r. 

f\\   HOMESTEAD  LANDS: 
>ale  of.  for  sites  for  schoolhouses 612 

3ERS: 

I)ayment  of,  from  primary  school  interest  fund 11 

public  moneys  not  to  be  paid  to,  not  holding  certificates 

to  keen  school  register 

to  be  furnished  with  copy  of  contract 

contracts  with 58, 122, 336 

employment  of 

to  file  certificate  of  instruction  in  physiology,  etc.,  with  director 60 

districts  employing  unqualified,  deprived  of  primary  '::oney 72 

not  to  act  as  agent  for  school  books,  etc 

to  certify  to  humane  education  in  school 249 

qualifications  of 251 

act  to  define  qualifications  of  certain 254-56 

to  give  instruction  regarding  prevention  of  communicable  diseases 

salaries  of,  not  affected  because  of  holidays 267 

when  to  have  Declaration  of  Independence  read 

who  to  give,  certificate  to  graduates  of  certain  colleges 272 ,274 

school,  certificates  granted  only  to  citizens  of  U.  S 

in  private,  etc.,  schools,  qualifications 

mination  of,  by  county  board  of  school  examiners 289-9( 

certificates  given  to,  by  county  board  of  school  examiners 290 

grades  of,  certificates 

revocation  or  suspension  of  certificates 292,468,476 

records  of,  certificates  to  be  kept 

list  of,  to  be  furnished  township  clerk 

school  district  to  employ  legally  qualified 297 

in  township  school  districts,  by  whom  hired,  contracts,  etc 

fees,  to  pay  on  obtaining  certificates- * 

may  close  school  to  attend  institutes 401 

registration  of,  desiring  employment 

duty  of,  as  to  truants 

duty  of,  in  reporting  fraternities,  sororities,  etc 435 

contributions  of,  to  retirement  fund 

when  entitled  to  annuity 

school,  what  deemed 

certificates  given  to  certain  pupils  of  state  normal  school 467~§ 

state  board  of  education  to  grant  certain  certificates 

ination  of,  by  state  board  of  education 

with  whom  to  file  certain  certificates 

who  to  appoint,  for  rural  high  schools 

to  make  monthly  report  regarding  children  of  Indigent  parents 

how  qualified  by  certificates  of  county  normal  training  classes 

how  provided  for 

employment  of,  in  day  schools  for  deaf fl(l" 

in  public  Institutions,  superintendent  of  public  instruction  to  approve  qualifications  of 647 

TEACH  1. 1.  !  VTIONS: 

formation  and  incorporation  of 4?7~r9 

principal  in  rural  agricultural  school  to  have 570-71 

superintendent  of  public  instruction  to  appoint  instructors,  etc 

funds  for  support  of,  how  raised 398-9! 

annual,  to  be  held  In  each  county 

counties  may  be  united  in 

teachers  may  close  school  to  attend 

conductor  of,  may  be  appointed 

••s  of,  how  paid 

state  treasurer  to  aid 

state,  to  be  held  annually 

Of,  ho\v  paid  '. 

8  vouchers  for.  where  filed r 40<5 

who  may  publish  outlines  for S07 

. 

act  providing 440-53 

TEACm:i;>'  in   ill:'  \i>  BOA 

who  to  compose,  duties,  etc 44°" 

tary  of.  salarv.  etc 

TEACHERS'  \\.\i 

when  primary  school  fund  Insufficient  to  pay *4 

not  affected  because  of  holidays -'" 

TEACH  I  :!:>•  WAGES  FUN 

primary  money  to  be  accounted  for  under 

in  township  school  district,  tax  for 6l* 


314  INDEX. 


The  references  are  to  compiler's   sections. 

TERM  OF  OFFICE: 

of  state  officers 4-9 

district  officers 46,120,326 

of  members  of  certain  city  boards  of  education 164 , 172 

members  of  board  of  school  examiners 286 

of  members  of  board  of  education,  district  of  third  class 374 

board  of  trustees  of  rural  high  schools 514 

of  trustees  in  cities  of  fourth  class 606 

TERRITORIAL  LIMITS: 

of  school  district,  increase  or  decrease  of 357 

TEXT-BOOKS: 

by  whom  prescribed 60 

not  to  be  changed  within  period  of  five  years 60 

on  physiology,  etc.,  by  whom  approved 60,257,477 

use  of,  relative  to  nature  and  effects  of  alcoholic  drinks 60,312 

to  be  approved  by  state  board  of  education 60 ,312 

to  be  furnished  to  indigent  children 61 

district  board  to  purchase,  when  authorized 229-30 

when  to  be  property  of  district 230 

when  proposals  for,  advertised .* 

who  to  make  contract  for  furnishing 

who  to  estimate  amount  necessary  to  purchase 

when  district  board  to  purchase 233 , 257 

penalty  for  failure  of  district  board  to  comply  with  law 234 

only  listed,  to  be  used  in  public  schools 235 

retail  dealers'  profit  on 241 

purchase  of,  when  family  removes  from  district 

regulation  of  sale  of 

conditions  of  sale  of 240 

filing  of  copies  of 

statement  of  price  list  of 235 

bond  to  be  filed  by  dealer  in 236-37 

abridged  or  special  editions  of 

combinations  in,  prohibited 

copy  of  list  of,  to  be  sent  to  school  authorities 

illegal  inducements  to  sale  of 

sample  copies  of .  240 

illegal  charges  for 241 

purchase  and  sale  of,  by  districts 243-44 

resale  of,  on  removal  from  district % 

in  township  school  districts,  board  of  education  to  select 

when  question  of  free,  submitted  to  voters 

when,  furnished  free  of  charge 527 

TOWNSHIP  BOARD: 

may  divide  township  into  school  districts 

school  districts  to  be  numbered  by 

may  alter  boundaries  of  districts 26 , 34 , 190 

clerk  of,  to  notify  taxable  inhabitants  of  formation  of  district 

duties  of,  in  forming  fractional  districts 

notice  and  number  of  meetings 33 , 334 

may  attach  certain  non-residents  to  districts 

clerk  of,  to  notify  directors  of  alteration  in  districts 

to  determine  tax  on  division  of  district 

to  apportion  property  on  division  of  district 37-38 , 344 

when  may  appoint  district  officers 47 ,48 , 121 

when  may  sell  schoolhouse  site 

director  to  report  to 

records  of,  where  kept 

library  money  subject  to  order  of 84 , 336 

on  determining  site,  to  certify  to  directors : .  . 

when  to  deteimine  schoolhouse  site 102 , 336 

appeal  from  action  of 1 17-19 

restricted  in  altering  boundaries  of  giaded  school  districts 

may  dispose  of  library  or  merge  into  free  public  library 

duties  of,  concerning  libraries 126-3! 

to  purchase  books  for  township  library 128 , 336 

to  apply  for  library  moneys 128 , 336 

to  have  care  of  township  library 

when  to  issue  bonds  for  free  puolic  libraries. . .  


when  may  consolidate  school  districts . 

examination  of  reports  of,  by  county  commissioner  of  schools 

township  school  district,  meeting  of,  relative  to  organization 

when  to  divide  property  between  fractional  districts 

city  districts,  boundaries,  authority  to  change 


191 

293 

: ; . ; 303 

305 

, 348 

wlien  may  submit  question  of  rural  high  schools 

may  order  election  of  trustees  of  rural  high  schools 

to  establish  highway  to  every  school  building 645 

TOWNSHIP  CLERK: 

notice  of  formation  of  new  district  to  be  given  by 27-28 ,329 

to  give  notice  of  meeting  of  township  board 

to  notify  director  of  alteration  in  district 

director  to  make  annual  report  to 

to  receive  and  dispose  of  communications 

to  make  triplicate  reports  of  school  districts,  etc 

to  perform  services  required  by  superintendent  of  public  instruction 

duty  of,  In  distribution  of  primary  money 72 


INDEX.  315 

The  references  are  to  compiler's  sections. 

T<  >WNSII  IP  CLERK—  Continued. 

duties  of 72 

records,  reports,  books,  etc.,  to  be  kept  on  lile.  by 72  ,X4<) 

map  of  township  to  be  filed  by,  with  supervisor 

to  report  taxes  to  supervisor 7  1 .  :',:<  J 

to  apportion  moneys  to  district 7  ">-7<> 

to  give  notice  to  director  of  moneys  apportioned 76 

to  apportion  one-mill  tax 7K 

duty  of,  In  appeals  from  township  board 1 17 

to  represent  township  in  legal  action  relative  to  libraries IL'I; 

report  of,  to  superintendent  of  public  instruction  relative  to  libraries 133-n  t 

liability  for  neglect  in  transmitting  reports Ml 

liability  for  not  reporting  taxes  to  supervisor 144 

list  of  teachers  to  be  furnished  to 293,340 

township  school  district,  duty  relative  to  organization  of .103,306,309 

boundaries  of  city  districts,  map  showing  change  in,  filed  with 348 

to  draw  books  for  township  officers 

to  be  clerk  of  board  of  trustees  of  rural  high  schools 514 

tax  for  payment  of  tuition  and  transportation  of  pupils  to  be  reported  to 523 

TOWNSHIP  DISTRICT: 

organization  of 329-44 

officers  of,  board 326 

time  and  place  of  meeting  of,  board 332-34 

board,  duties  of 336 

amount  of  tax  voted  for 

report  of,  board 340 

disposition  of  property 341 

compensation  of,  board 343 

division  of 344 

TOWNSHIP  SCHOOL  DISTRICT: 

board  of  education  to  have  charge  of  library  in 

when  township  board  may  divide,  etc.,  boundaries  of 190 

certain  graded  school  district  not  included  in 303 

relative  to  organization  of 303 

trustees  in,  election  of 

referendum  on  dinbandment  of 

board  of  trustees  for,  term  of  office  of ,  etc 306 

certain,  operating  under  special  act,  provisions  governing 

election  of  trustees  In 

when,  altered  by  annexation  to  another  township 

when  electors  aggrieved  by  formation  of 

in  upper  peninsula,  change  to  primary  district 345-47 

petition  for  submission  of  question 

changing  boundary  lines  of  certain 

under  special  act,  uniting,  etc.,  of 352-55 

TOWNSHIPS: 

authorizing,  etc.,  to  operate  systems  of  public  recreation  and  playgrounds 648-51 

TOWN  SHIP  TREASURER:     ' 

warrants  on,  by  whom  signed . 65-66 

to  apply  to  county  treasurer  for  moneys 

to  give  notice  of  moneys  to  township  clerk 

when  to  take  duplicate  receipts 

to  draw  warrant  for  collection  of  taxes vt  •"> 

dutit-s  relative  to  taxes  in  fractional  districts 90,94 

to  pay  school  taxes  next  to  township  expenses 

to  hold  moneys  subject  to  proper  orders  and  warrants 92 ,336 

library  moneys  to  be  paid  by,  to  Inspectors 128, 332,336 

to  recover  penalties,  etc.,  from  certain  offlceis Ml . } -l -\ 

In  township  school  districts,  duty  of 

to  be  treasurer  of  board  of  trustees  of  rural  high  schools 514 

TOWNSHIP  rxiT  DISTRICTS: 

organization  of 

in  1".  P..  appointment  of  truant  officers  in '"'-1 

'I  i;  \i'i:.  ETC.,  SCHOOLS: 

school  district  mav  establish,  etc 538,548 

INC  CLAS 

•  •ouuty  normal  training  classes.) 
TRAiNiNc,  SCHOOL: 

in  connection  with  state  normal  school 466 

TRANS  ION: 

of  pupils,  vehicles  for,  how  constructed,  etc 

providing  for,  of  eighth  grade  pupils 

of  pupils  to  and  from  rural  agricultural  schools 

of  pupils,  state  aid  for 

'1  REA8TJR] 

of  hoard  of  education,  distilct  of  third  class,  duties 

TREASTRKR  OF  DISTRICT: 

acceptance  of  office 

to  be  member  of  district  board 

when  and  how,  may  be  removed 

and  moderator  to  audit  directors  accounts 


to  make  certain  report  to  district  board 


port 
ly  d 


to  pay  orders  legally  drawn,  from  proper  fund 
bond  required  of ... 


deposit  of  moneys  by 
to  appear  for  district 


in  suits 


316  INDEX. 


<The  references  are  to  compiler's  sections. 

TREASURER  OF  DISTRICT—  Continued. 

money  paid  to,  from  old  district 75 

summons  to  be  served  on,  in  suits  against  district 96 

to  certify  judgment  against  district  to  supervisor 98-100 

penalty  for  neglecting  duties 140 

may  collect  damages  from  certain  officers 144 

of  board  of  education  in  township  school  districts,  duties,  etc 315,323 

(See  district  board,  and  moneys.) 

TRESPASS  ON  THE  CASE: 

against  school  district,  justices  of  the  peace  to  have  jurisdiction  in  cases  of. . .  95 

TRUANT  OFFICERS: 

how  appointed 409 

compensation  of 409 

to  enforce  compulsory  education  laws 410 

duty  of,  to  examine  into  cases  of  truancy 410-11 


to  warn  truants  and  their  parents  or  guardians 

to  make  complaint  in  truancy  cases 

to  enforce  act  relative  to  education  of  blind  children 

to  investigate  where  children  unable  to  attend  school 

monthly  report  made  by,  relative  to  children  of  indigent  parents 


410 
411 
423 

527-30 
529 
595 


to  compel  attendance  of  minors  at  part-time  vocational  school 

TRUANT  SCHOOL: 

school  district  in  cities  of  250,000  may  maintain,  etc 392 

TRUANTS: 

ungraded  schools  to  be  provided  for 294 

to  be  tried  by  justice  or  recorder 411, 429 

who  deemed 418,428 

when  sent  to  reformatory  institutions 429 

TRUSTEES: 

(See  board  of  trustees.) 

TUITION: 

payment  of,  when  pupils  attend  school  in  another  district 45 

of  non-resident  pupils 64 , 122 

in  school  districts  in  cities  of  250,000 397 

may  be  charged  for  studies  in  high  schools 122 

in  township  school  districts,  of  non-resident  pupils 312 

payment  of,  of  eighth  grade  pupils 522-25 

in  another  district 526 

U. 

UNGRADED  SCHOOLS: 

may  be  established  in  graded  school  districts 412 

juvenile  disorderly  persons  to  be  sent  to.  .  .  413 

UNION  SCHOOL  DISTRICT: 
(See  graded  school  district.) 

UNITED  STATES: 

act  giving  assent  to  grant  of  moneys  from,  for  co-operative  agricultural  extension  work .  .  .         580-81 

UNITED  STATES  FLAG: 

purchase  of 266 

UNIT  SCHOOL  DISTRICT: 

when  township  organized  into 303 

UNIVERSITY: 

constitutional  provisions  relative  to 5-7 ,12 

superintendent  of  public  instructi9n  to  supervise  instruction  in 19 

regents  of,  may  grant  certain  certificates 

president  of,  member  of  board  of  control  for  vocational  education .  .  584 

UPPER  PENINSULA: 

how  township  district  in,  changed  to  primary  district 345-47 

appointment  of  truant  officers  in 409 

V. 
VACANCY: 

how  filled  in  district  offices 47-48 

in  board  of  trustees  of  graded  school  district 121 

how  filled  in  board  of  school  examiners 286 

in  office  of  county  commissioner  of  schools 

township  school  districts,  in  office  of  tiustee 

in  board  of  trustees  of  township  school  district 


in  board  of  library  commissioners 


504 


(See  appointment.) 
VACATION  PERMITS: 

issue  of,  for  employment  of  children 433 

VARIETY  THEATERS: 

children  not  permitted  in,  etc 432 

VEHICLES: 

for  transportation  of  pupils,  how  constructed,  etc 

for  transportation  of  pupils  to  and  from  rural  agricultural  s.-liool-i 567 

VENIRE: 

in  proceedings  to  obtain  site 104 , 106 

VENTILATION: 

of  schoolhouse,  plans,  etc.,  of  heating  system  to  provide  for 618 

VILLAGE  COUNCIL: 

when  may  issue  bonds  for  free  public  libraries 149 


INDEX. 


317 




The  references  are  to  compiler's  sections. 
TILLAGES: 
authorizing,  etc.,  to  operate  systems  of  public  recreation  and  playgrounds 648-51 

of  contract  by  text-book  manufacturers,  reporting  of 239 

VISITATION: 
and  examination  of  schools 293 , 295 

VOCATIONAL  EDUCATION: 

assenting  to  grant  of  money  by  U.  S.  for 582-91 

state  board  of  control  for,  who  to  compose 

to  co-operate  with  federal  board 584 

of  minors  not  attending  day  school 592-94 

VOTERS: 

who  are  qualified 42 , 306 

challenge  of 43 

powers  of 45,90 

registration  of,  in  school  districts 334 ,336 

qualifications  of,  in  cities  of  fourth  class 609 

(See  district  meetings.) 

VOTES: 

•      cast  bv  women  at  school  elections  in  certain  cities,  to  be  returned  separately 42 

VOTING  PRECINCTS: 
division  of  school  district  of  third  class  into 369 

VOUCHERS: 

for  expenditures  for  treasurer 71 

for  payments  at  teachers'  institutes 405 

w. 

WAGES: 

of  school  teachers  not  affected  because  of  holidays 267 

WARDS: 

school  census  to  be  taken  by,  in  certain  cities 67 

WARRANTS:    . 

on  state  treasurer  for  primary  school  interest  fund 

on  township  treasurer 65-66,84,332 

to  township  treasurer  for  collection  of  taxes 81-82 

for  moneys  used  in  township  school  districts,  who  to  draw,  etc 314 

WASHINGTON'S  BIRTHDAY: 

observance  of,  by  public  schools 267 

WATER  SUPPLY: 

district  to  vote  amount  of  money  for 

district  board  to  furnish 

WES  !  1  -.UN  STATE  NORMAL  SCHOOL: 

act  to  establish 477 

«Ttuiu  department  to  be  maintained  at 496 

\\T! 

•      in  proceedings  to  obtain  site 107 

summoning  of,  in  cases  where  teacher  is  accused 292 

WOMEN: 

who  qualified  to  vote  at  school  elections  In  certain  cities 

qualified  as  voters  at  district  meeting 42,306 

i-litrible  to  election  as  district  officers 49,306 

WORK  1'KKMITS: 
who  to  issue,  to  children 

SCHOOL: 
when  to  commence,  length  of 11,39,42 


YC 


677384 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


